I have been married for 18 years and I am the mother of four children between the ages of 9 to 14 years old. I think me and my husband are going to get a divorce, because he has a very bad temper towards me and one of the children. Why automatically get to stay in the house with the kids? Is there a certain age that I will get to remain in the house with the kids? What am I right since I’ve been married for 18 years and have always been a stay-at-home mom? My husband told me that I should leave the house because he paid for the house and I never worked. This seems unfair, as I raised our children and did not go to work for that reason and that reason alone. What are my rights in divorce?
ANSWER:
Nothing is automatic in Family Court but in your situation I would certainly believe that you will be able to stay in the house with the kids. There are certain situations where this will not be possible, such as if there is still a mortgage on the home and he cannot afford to live on his own in pay that mortgage. The courts will not force him to be homeless, simply so you can remain in the home, that’s just a mathematical fact. But if the home is paid for, I’m sure he can afford to live on his own without a mortgage payment and still make support payments to you for child support and alimony, you should certainly be able to retain the home. Considering the length of the marriage, alimony is also a certainty and also because of the fact that you never worked, to raise the children. These are very strong facts that the core will rely upon and ordered to adjudicate who receives what assets. To answer this question properly though, I would need to do a full consultation, and I would like to know all of the facts pertaining to your situation and all of the assets. Based on many factors, a case can be argued in many different ways. But from the basics of the fact you have presented to me, I would say with great confidence that you’ll both get the house, child support and alimony. Also there will be the division of other marital assets that I would like to take into account before giving a complete opinion, but based on what your provided you should get what you’re looking for.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Unit 2
Fall River, MA 02723
Office: 888-269-0688
Email: jbotelho@botelholawgroup.com
https://www.botelholawgroup.com/
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