What are my rights if my husband files for divorce?

UPDATED: Aug 31, 2011

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What are my rights if my husband files for divorce?

My husband of 16 years has stated he is going to file for divorce over some crazy female saying I did something in which I didn’t. So I would like to know my rights. We have 3 children ages 2, 5 and 10. We also own a home that isn’t paid for and we have 3 vehicles in which 2 are paid for and 1 isn’t. We own a timeshare, I work roughly 35 hours a week and bring home about $650 every 2 weeks. My husband has a full time job in which he brings home around $2,000 every 2 weeks. Over the weekend things got pretty bad and at this time I have several bruises to prove this. Please help

Asked on August 31, 2011 Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Okay you need to get help asap for you and for the kids.  You do not have to take that from anyone and the situation calls for a restraining order against him.  You should have called the police.  I assume that you will be asking for physical custody of the children so you will be requesting child support be assessed.  That will take in to account both his and your salary.  The assets you won need to be split "equitably" between you and either you two can decide that or the court will.  I am assuming that you wish to stay in the house - exclusive occupancy - at least ending the divorce and maybe until the kids are a certain age.  Given the disparity in income you may want to request spousal support.  Seek legal help please.  Good luck.

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