Caught husband cheating (again)...filing for divoce

[model38]

What is the name of your state?Florida
My husband and I are currently living in the same household. He has had numerous affairs over our 3 year marriage. I have had enough and am ready to file for divorce. My question is: can I file a do-it-yourself divorce and have him serve at the home but obtain exclusive use of the home until the divorce is final where he would have to leave? Or do I need to obtain an attorney for that in which, I would have to save up more money. In otherwords, can I file some type of paperwork myself with the courts? and if so, what is the name of the paperwork? There has not been any violence involved...so I couldn't file a restraining order. I'm just afraid that once he get served the divorce papers, I might come home one day and he has wiped me out clean! That's the type of person he is....very vendictive. We are buying our home and there are children and I don't want to leave and uproot them because of school. Also, one more thing, how would that work if when we bought the home...his credit was bad so I had to use my credit but the mortage company used his income. But, according to the mortage company my name is the only one on the mortage. Would the judge make us sell and divide the equity?? Just curious....I'm trying to weigh all my options. Thanks

 

[LdiJ]

What is the name of your state?Florida
My husband and I are currently living in the same household. He has had numerous affairs over our 3 year marriage. I have had enough and am ready to file for divorce. My question is: can I file a do-it-yourself divorce and have him serve at the home but obtain exclusive use of the home until the divorce is final where he would have to leave? Or do I need to obtain an attorney for that in which, I would have to save up more money. In otherwords, can I file some type of paperwork myself with the courts? and if so, what is the name of the paperwork? There has not been any violence involved...so I couldn't file a restraining order. I'm just afraid that once he get served the divorce papers, I might come home one day and he has wiped me out clean! That's the type of person he is....very vendictive. We are buying our home and there are children and I don't want to leave and uproot them because of school. Also, one more thing, how would that work if when we bought the home...his credit was bad so I had to use my credit but the mortage company used his income. But, according to the mortage company my name is the only one on the mortage. Would the judge make us sell and divide the equity?? Just curious....I'm trying to weigh all my options. Thanks

Yes, you would have to either sell and divide the equity, or you would have to refinance to buy out his share of the equity (if you could qualify).

As far as you retaining the use of the home pending the divorce, that's possible, but you would have to ask the judge to order that.

All in all, if you think he is likely to "clean you out"...then you need to take steps to protect yourself....and that probably means getting an attorney.