seeking a divorce

What is the name of your state? Ohio
I have been married for 5 years and have an 18 month old child with my husband. He isn't abusive so I won't badmouth him, but I am not happy and I just want out. To make a long story short it has been a loveless marriage on my part and mistake from the beginning I was trying desperately to make work. I know when I confront him that i want a divorce that he will want me to move out, and may even stop our bank account and lock me out of the house as he has done in the past, so i ended up staying. I only work a few hours a week and it would be hard to support me and my children. My question is can he legally kick me out, and make me leave my child with him? The house is in his name, he purchased it before the marriage. what would i be entitled to and should i even agree to leave because he could maybe say i abandoned him? I feel stuck. He's not a terrible person, I just haven't been happy for a long time and wish to get on with my life, and think it isn't fair for him to have to live with someone who doesn't love him. Thanks in advance for the advice and please be kind, the is first time i have ever posted here!!!

You said:

"He isn't abusive so I won't badmouth him....I know when I confront him that i want a divorce that he will want me to move out, and may even stop our bank account and lock me out of the house as he has done in the past...He's not a terrible person"!!!

First of all, be honest with yourself. Your statements are contradictory. Second, people don't leave because they think it isn't fair for the other person to have to live with someone who doesn't love him. They leave because they are unhappy themselves and don't want to be there anymore.

Your husband cannot legally kick you out and make you leave the child unless he can prove that you are an unfit parent, abusive and dangerous to the well being of your child. That can only be ruled in a court proceeding. Without asking your husband's permission, retain a lawyer and file for divorce. This will protect you against the false allegations of abandonment if he tries to kick you out (being the sweetheart that he is). Your lawyer will explain what rights and entitlements you have. You will also be entitled to child support and possibly alimony if it is determined to apply.


Jeter