I recently contacted a attorney and i have a appointment on Aug 22, what will happen on that first visit? What do i expect? We have two teens ages 15 and 17 and have been married 18yrs august 24 of this year. We have no house payment(my dad owns our home), we have 1 auto payment which is in my husbands name, and the other car is in my name. My husband has already said he will not sign any papers and i am very confused. I cannot go on anymore and i want away from him and his family. But if he refuses to sign the papers what then? I am also in the process of getting a court order to make him leave. Because all we do is fight over his ways and his family, and still he will not leave. Thank you
First, about the house. How long have you lived in it, and who makes the payments, or was it a gift? More info is needed to determine if it is marital property. Assets are split, along with liabilities, and it doesn't matter whose name is on what (as in the automobiles). Who is the higher wage earner, and by how much? As for leaving, he does not have to leave the home, as you do not either, unless the situation becomes violent. Retirements are split. Ultimately, with the advent of no-fault divorce, you will be able to, but it does take time. The custody arrangement will be have to be worked out; it varies from state to state. Some start at 50/50 split time and you go from there; and others make one parent the primary one, they get most of the time, and it is negotiated from there. Your attorney will cover all this.