Family Law Questions? Ask a Family Lawyer Online.
A legal separation can last up to one year. After one year you should be ready to decide if you want to get a divorce or get back together with your spouse.
You can ask for temporary maintenance, child custody, possession of property, and child support. You can also ask for temporary visitation rights, counseling, a temporary restraining order or a protective order.
The court will not automatically grant these orders; you need to request them first. The issue will be whether his mon will continue to pay expenses. She is under no obligation to do so. Since your husband is not working there will not be much opportunity to get funds from him. A court will likely order him to pay some support and to seek employment. This is never a guarentee of funds.
You may be able yo get the home for your exclusive use, but you will need to assess your ability to make the payments without help from his mother.
Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
No, I'm sure his mom will not continue to pay if we seperate. So, as long as I can
show that I can pay the mortgage I might be able to stay in the house?
He has to be self employed now since his trouble in past accounting has black balled
him from this area. He is a College Grad and has been CFO of four companies so he
refuses to work a normal blue collor job. The last firing boss knew of his trouble at his past job so they threatened to tell if he went for Unemployment.
I guess when I go to see someone (a lawyer) I need to know what I want and request it, right?
Before you seel counsel, have an idea of what you want to achieve. Is a divorce, a separation. What do you want to do about the children, medical insurance, and the ability to support yourself. The court will not enquire into you ability to pay. It will ask for what you want and why you should get the house. You have a mother living there who would be disposessed, and a child whom I assume would be living with you. This along with the fact you are the sole bread winner would be leverage to keep you in the home.
One other consideration is that separation and divorce works both ways. Depending on your carreers and income, there is no de fault reason why a court cannot offer maintanance to the husband. Your situation it is highly doubtful because it appears your husband is just plain lazy, but a consideration.
what is considered "Maintenance"?
Could the court order him to get a job? If I start paying our house payment on time,
do you know how long it takes for our credit rating to get back on track?
Maintanance is another word for alimony. It is apayment made to assist a party to get back on their feet. It could be a payment to go to school, payment to get into a position to re-enter the job market. It was originally created for stay at home mom's that needed to be integrated into the work force.
This would not be the case with your husband. A court could take into consideration you have been married for 15 years and that he now needs a place to stay. It is temporary in nature. Given that he can work and should work, I do not believe it would be awarded in this case, but judges have surprised me in the past.