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I received divorce papers in the mail from my husband, I…

Hello, I received divorce...

Hello, I received divorce papers in the mail from my husband, I don't want to contest it, but I need to know what happens when we have 5 children and I am unemployed

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Delaware

Lawyer's Assistant: Has anything been filed or reported?

He filed on march 1 I received the papers yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to change my locks on the door, the house is in my name and my grandmothers name

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Answered in 2 minutes by:
3/9/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

How long were you and your spouse married?

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Customer reply replied 5 months ago
almost 9 years

Thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 5 months ago
I am unemployed

You can seek alimony.

Delaware offers temprary alimony which can be awarded to you while the divorce is still processing.

You can then also receive alimony for a period of time after the divorce is finalized.

Alimony is Delaware is considered to be rehabilitative, which means the court will usually award it for a period of time in which you are supposed to actively seek employment, attend school, etc.

Some of the factors the court considers when awarding alimony are if the receiving spouse:

  • "is dependent on the other spouse, and the other is not already legally obligated to provide support (under the terms of a prenuptial agreement, for example)
  • lacks sufficient property, including any apportioned marital property, to provide for his or her own reasonable needs
  • is unable to become self-supporting through appropriate employment, or
  • is the custodian of a child whose condition or circumstances make it appropriate for the spouse to delay finding employment."

Permanent alimony is only awarded in cases where the marriage was 20 years or longer.

You can also petition the court for child support for your 5 children.

You should consider hiring a divorce lawyer to represent you in this upcoming divorce process. You want to make sure that your interests are adequately protected.

You can contact the Delaware State Bar for a referral to a divorce attorney in your area.

There are sometimes pro bono attorneys available who can take your case for free, so be sure to inquire about that as well.

The phone number is:

(302)(###) ###-####/strong>

Unfortunately no, you cannot change the locks.

However you can petition the court for you and your children to remain in the home while the divorce is pending, this is customarily granted.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
he has to stay in the same house with me until when

He is legally permitted to.

You unfortunately are not legally permitted to change the locks.

You would have to go through a formal eviction process, but that may prove difficult if not impossible, if his name is ***** ***** deed to the house as well.

Your other option is to get an order from the judge, pertaining to who is allowed to live in the house while the divorce is pending, ie. that you and your children are allowed to remain but that he should move out.

It will be in the judge's discretion, but it's not uncommon for a judge to grant a request like this.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 5 months ago
thank you so much

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate, 5 stars are always appreciated, thanks!

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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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