My husband wants a divorce what are my rights?

[niclp2401]

I live in Virginia and my husband wants a divore. This has all happened very recently we have two young children he is saying he can kick me out of our house and that hes not giving me or helping me with anything. We have been married a year and a half but we have been together for almost six years. Can he really kick me out and give me nothing, he has been supporting me finacially since we have been together I do have a job but do not make enough to support myself and the kids alone. Also do i need to file for a seperation this is all new to me and i have no idea were to start or what to expect. I woulld realy apprceciate any advice.What is the name of your state (only U.S. law)?

 

[Just Blue]

I live in Virginia and my husband wants a divore. This has all happened very recently we have two young children he is saying he can kick me out of our house and that hes not giving me or helping me with anything. We have been married a year and a half but we have been together for almost six years. Can he really kick me out and give me nothing, he has been supporting me finacially since we have been together I do have a job but do not make enough to support myself and the kids alone. Also do i need to file for a seperation this is all new to me and i have no idea were to start or what to expect. I woulld realy apprceciate any advice.What is the name of your state (only U.S. law)?

He can not "kick you out". Who owns the marital home? Him? You? Both? You can file for divorce/Temp CHILD support and retention of the marital home. You will need to find a job that will support you and your children...If you are awarded primary custody of them. DO NOT expect spousal support for such a short marriage.

 

[mistoffolees]

He can not "kick you out". Who owns the marital home? Him? You? Both? You can file for divorce/Temp CHILD support and retention of the marital home.

It is absolutely correct that he can't kick her out. However, you've been here long enough that you know the answers so well that I'm not sure there's enough detail to help the newbie.

Basically, it's the marital home. Both of you are entitled to live there until the court rules otherwise. That would routinely happen at the time the divorce is finalized - with one person getting the house and the other leaving. However, it is possible to ask the court to assign the house to one person right from the beginning of the divorce process rather than waiting until it's final. You would file that as a request at the time of filing for divorce or shortly thereafter (if he files for divorce, you need to prepare a response and you would request it then). You would also file for temporary custody orders at the same time. If the home is in his name and was his before you married, there's almost no chance that you'll get it even on a temporary basis. Similarly, if it's in your name, he won't get it.

If the house is in both of your names, he court will consider a number of things in determining who gets temporary possession of the house. Kids are a big one. The person who has been the primary caretaker for the kids has an edge when it comes to physical custody (if you can't agree on 50:50 or some other split).

If the house is in both of your names, the court would prefer not to move the kids out of the marital home, so the person who gets temporary physical custody of the kids would have an advantage when it comes to the home. HOWEVER, it's not a slam dunk - you need to be able to afford to keep up the home (either on your own or with temporary support from your stbx). While it is unlikely that you would get support after the divorce, you MIGHT get a small amount of support while the divorce is pending. Certainly enough to support the kids, but probably not enough to pay for the house, kids, yourself, and so on.

So, you will need to get as good a job as you can - as soon as you can. First, you'll need it once the divorce is final if you don't want to starve. Second, if you have enough income to pay for the house, getting temporary possession is more likely.

Once the FINAL decision is made on the house, the person who keeps the house will have to reimburse the other person for their 1/2 of marital equity (basically, the amount that home equity increased during the marriage) and both will have to execute the appropriate documents to get the home out of the others' name.

 

[LdiJ]

It is absolutely correct that he can't kick her out. However, you've been here long enough that you know the answers so well that I'm not sure there's enough detail to help the newbie.

Basically, it's the marital home. Both of you are entitled to live there until the court rules otherwise. That would routinely happen at the time the divorce is finalized - with one person getting the house and the other leaving. However, it is possible to ask the court to assign the house to one person right from the beginning of the divorce process rather than waiting until it's final. You would file that as a request at the time of filing for divorce or shortly thereafter (if he files for divorce, you need to prepare a response and you would request it then). You would also file for temporary custody orders at the same time. If the home is in his name and was his before you married, there's almost no chance that you'll get it even on a temporary basis. Similarly, if it's in your name, he won't get it.

If the house is in both of your names, he court will consider a number of things in determining who gets temporary possession of the house. Kids are a big one. The person who has been the primary caretaker for the kids has an edge when it comes to physical custody (if you can't agree on 50:50 or some other split).

If the house is in both of your names, the court would prefer not to move the kids out of the marital home, so the person who gets temporary physical custody of the kids would have an advantage when it comes to the home. HOWEVER, it's not a slam dunk - you need to be able to afford to keep up the home (either on your own or with temporary support from your stbx). While it is unlikely that you would get support after the divorce, you MIGHT get a small amount of support while the divorce is pending. Certainly enough to support the kids, but probably not enough to pay for the house, kids, yourself, and so on.

So, you will need to get as good a job as you can - as soon as you can. First, you'll need it once the divorce is final if you don't want to starve. Second, if you have enough income to pay for the house, getting temporary possession is more likely.

Once the FINAL decision is made on the house, the person who keeps the house will have to reimburse the other person for their 1/2 of marital equity (basically, the amount that home equity increased during the marriage) and both will have to execute the appropriate documents to get the home out of the others' name.

Home AND mortgage out of the other's name. You obviously know that, but the OP might not have realized that you meant that.

 

[nextwife]

This is SUCH a very short term marriage that is is very likely the house could be a premarital asset of one or the other. IF that is the case, the owner will not be ordered out of the marital residence for any long term.