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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29969
Experience:  Lawyer
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My husband separated with me on the 23 Dec ,we are in a

Customer Question

My husband separated with me on the 23 Dec ,we are in a partnership and I don't have any money
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Wa
JA: Has anything been filed or reported?
Customer: No not yet because I'm not sure what to do I have no money and have been married for 20plus years
JA: Anything else you want the lawyer to know before I connect you?
Customer: We r both still in the house and I have not worked now for over the last 12 months
Submitted: 7 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 7 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If your name is ***** ***** a signer on any bank accounts with your husband, that money is legally considered yours and you can access them. (Even if you have never used the accounts in the past.) The same is true with credit cards.

You also have the ability to file a Motion for Temporary Support, explaining to the judge that you have not been working and asking that your husband be required to support you. In a long term marriage, it's common for the higher-earning spouse to pay spousal support to the lower-earning spouse if that person doesn't make enough to meet their basic expenses. You'll just have to show the judge how much you need to pay your monthly bills. It is necessary to file a Petition for Divorce before a court will give you spousal support. However, that is the only way to get a judge to intervene in a marriage and tell spouses how to spend their money. The two of you can always dismiss the petition if you wind up reconciling later.

It's also possible to file a Motion for Exclusive Use and Possession of the Marital Home, asking the judge to find that you should get to stay and your husband should have to leave. That also has to be filed after the Petition for Divorce. It helps to file this motion at the same time you request spousal support, because that shows the judge how you'll pay for taxes, insurance, and any mortgage until the divorce is pending. If you and your husband have any minor children, that will probably help strengthen your request. (And in that case, you can also ask for temporary custody and child support.)

The state has forms online that you can use to open a divorce. You do not need a lawyer, however, it might help to have one to file the motions. When one spouse has significantly more assets than the other, it's possible for the lawyer to file a Motion to Attorney's Fees to help put the spouses on equal footing.

Another option is to try to negotiate with your husband a settlement where he will temporarily pay your bills and allow you to remain in the house, and in exchange, you won't go to the judge and ask that he be required to leave, or you won't seek an order that he pay attorneys's fees (or something else that he wants).

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Expert:  Lucy, Esq. replied 7 months ago.

Do you have any other questions about this?