What should I do?

[cyclegirl]

What is the name of your state? Indiana

Hello. I am in Indiana, and my husband and I will be getting a divorce, but I have some questions.

I am the one that wanted the divorce initially. We have a 2-year-old son. I have been a stay-at-home-mom for the past 2 years, and everything is in my husband's name. i am currently looking for a full-time job, but I have NO assets in my name. We bought a house after we were married and my husband owns a business which was also acquired after we were married....again, everything is in his name. Bank accounts and all.

I cannot afford an attorney on my own, but can I receive free legal aid, or will they use his income as well to determine that? (He is self-employed.) I was told by an attorney that I probably could not use legal aid because they would go by my husband's income so I would not qualify.

My husband has said he will willing to help me out as far as letting me have primary physical custody of our son and having us share legal custody, and he is willing to give me generous child support. However, he wants me to sign an agreement that I will not move with our son out of the state until our son is in high school. I am certainly not planning to move out of state, but I cannot predict what the future holds, and I am not comfortable signing this. If I were to move out of state (which, again, I am not planning on doing), I would do it legally and would never just sneak away, like he thinks I will. My husband has always been very controlling, and to me, this is another way he can control me after the divorce. Is there anyway around this? He said if I don't sign it, then he will be a jerk about everything else, but if I sign it, he'll be generous. Would having an attorney help me get around this? If so, how can I get legal help with NO money???

 

[Perky]

Hello. I am in Indiana, and my husband and I will be getting a divorce, but I have some questions.

I am the one that wanted the divorce initially. We have a 2-year-old son. I have been a stay-at-home-mom for the past 2 years, and everything is in my husband's name. i am currently looking for a full-time job, but I have NO assets in my name. We bought a house after we were married and my husband owns a business which was also acquired after we were married....again, everything is in his name. Bank accounts and all.

I cannot afford an attorney on my own, but can I receive free legal aid, or will they use his income as well to determine that? (He is self-employed.) I was told by an attorney that I probably could not use legal aid because they would go by my husband's income so I would not qualify.

My husband has said he will willing to help me out as far as letting me have primary physical custody of our son and having us share legal custody, and he is willing to give me generous child support. However, he wants me to sign an agreement that I will not move with our son out of the state until our son is in high school. I am certainly not planning to move out of state, but I cannot predict what the future holds, and I am not comfortable signing this. If I were to move out of state (which, again, I am not planning on doing), I would do it legally and would never just sneak away, like he thinks I will. My husband has always been very controlling, and to me, this is another way he can control me after the divorce. Is there anyway around this? He said if I don't sign it, then he will be a jerk about everything else, but if I sign it, he'll be generous. Would having an attorney help me get around this? If so, how can I get legal help with NO money???

Just because everything is in his name doesn't mean that you have no rights to it. If the marital home was purchased with marital money, then you should receive a share it. I believe the same goes for the business if he is the sole owner.

As far as moving your son out of state anytime after your divorce, you will have to get permission from the court. You can't just up and move.

I doubt that you would qualify for legal aid, since apparently there are marital assets.

You should definitely get a lawyer as soon as possible.

 

[cyclegirl]

Just because everything is in his name doesn't mean that you have no rights to it. If the marital home was purchased with marital money, then you should receive a share it. I believe the same goes for the business if he is the sole owner.

As far as moving your son out of state anytime after your divorce, you will have to get permission from the court. You can't just up and move.

I doubt that you would qualify for legal aid, since apparently there are marital assets.

You should definitely get a lawyer as soon as possible.

I know that I could not just move without permission, that's why I don't think I should have to sign something. Would a lawyer be able to help me get around signing something like that?

Also, how can I even hire a lawyer? I went to talk to one and she required a $1000 retainer fee, which I don't have; nor do I have anyone I can borrow it from. I feel like I'm just stuck.....

 

[TheGeekess]

I'd be calling lawyers all over my area and seeing who would take the case with him footing the bill. Make him pay for both lawyers.

 

[LdiJ]

What is the name of your state? Indiana

Hello. I am in Indiana, and my husband and I will be getting a divorce, but I have some questions.

I am the one that wanted the divorce initially. We have a 2-year-old son. I have been a stay-at-home-mom for the past 2 years, and everything is in my husband's name. i am currently looking for a full-time job, but I have NO assets in my name. We bought a house after we were married and my husband owns a business which was also acquired after we were married....again, everything is in his name. Bank accounts and all.

I cannot afford an attorney on my own, but can I receive free legal aid, or will they use his income as well to determine that? (He is self-employed.) I was told by an attorney that I probably could not use legal aid because they would go by my husband's income so I would not qualify.

My husband has said he will willing to help me out as far as letting me have primary physical custody of our son and having us share legal custody, and he is willing to give me generous child support. However, he wants me to sign an agreement that I will not move with our son out of the state until our son is in high school. I am certainly not planning to move out of state, but I cannot predict what the future holds, and I am not comfortable signing this. If I were to move out of state (which, again, I am not planning on doing), I would do it legally and would never just sneak away, like he thinks I will. My husband has always been very controlling, and to me, this is another way he can control me after the divorce. Is there anyway around this? He said if I don't sign it, then he will be a jerk about everything else, but if I sign it, he'll be generous. Would having an attorney help me get around this? If so, how can I get legal help with NO money???

You need to get yourself an attorney. Borrow or beg the money from family, but you honestly need one.

However, the way that Indiana law works is that you would be almost guaranteed to receive primary physcial custody, with joint legal custody (joint decision making) and with dad paying child support according to the Indiana CS guidelines. (because you have been the primary caretaker to the child)

In addition, whether you sign an agreement stating that you will not move out of state with the child before the child turns 18 or not, you will be subject to Indiana law on that issue...and even if you do, you will be subject to Indiana law on the issue.

Indiana law does not allow you to move out of state with the child without the permission of the father or the court. So even if you don't sign an agreement that says that you can't move, you still can't move without the agreement of the father or the court.

 

[Perky]

How about a credit card?

 

[cyclegirl]

How about a credit card?

I may have to do that.

I have ONE credit card in my name, I think I have about $3000 on it....I never even thought about a credit card.....thanks for the advice

 

[cyclegirl]

Indiana law does not allow you to move out of state with the child without the permission of the father or the court. So even if you don't sign an agreement that says that you can't move, you still can't move without the agreement of the father or the court.

Which is exactly what I told him....but he still wants me to sign something. I don't mind being under the state's control, but I don't want to be under HIS control anymore, if that makes any sense....

Also....let's say I did sign the agreement, and then 5 years down the road, I want to move with my son out of state for a job opportunity, or whatever the case may be. Could I still fight it, or would I be stuck in Indiana? I guess what I want to know is, IF I did want to move one day, would I just be SOL if I had signed the agreement, and MAYBE have a chance if I didn't sign? Or do I still have about the same chance either way.

 

[Perky]

I may have to do that.

I have ONE credit card in my name, I think I have about $3000 on it....I never even thought about a credit card.....thanks for the advice

You're welcome, good luck to you! I hope it works out well for you.

 

[LdiJ]

Which is exactly what I told him....but he still wants me to sign something. I don't mind being under the state's control, but I don't want to be under HIS control anymore, if that makes any sense....

Also....let's say I did sign the agreement, and then 5 years down the road, I want to move with my son out of state for a job opportunity, or whatever the case may be. Could I still fight it, or would I be stuck in Indiana? I guess what I want to know is, IF I did want to move one day, would I just be SOL if I had signed the agreement, and MAYBE have a chance if I didn't sign? Or do I still have about the same chance either way.

You could still fight it. You would still have the same chance either way.

 

[cyclegirl]

You're welcome, good luck to you! I hope it works out well for you.

Thanks so much!

You could still fight it. You would still have the same chance either way.

Thank you! This helps a lot!