I’m a 30-year-old married woman with two children. One is autistic. I do not work. I have a house with some debt, and my husband has recently told me that he wants a divorce. He has said that I need to get out of our house so he can “start over.” Please help me and tell me what my rights are. I am involved with my children, especially my son. He is in an autistic program that requires a lot of attention, which prohibits me from having any kind of decent-paying job. My husband is not involved with my son at all and only sometimes spends time with our daughter. He is cheating on me and says he wants out. He now has said he will take custody of the kids too. I have so many questions, little money, and need a place to start. Help.
You did not indicate which state you are residing in. In most states, you would be entitled to approximately half of all your marital assets – any assets purchased during the marriage from money earned during the marriage (e.g., house, car, 401K’s, etc.). Since you are residing in the house with your autistic child and you would most likely be awarded custody of your children, the court would most likely grant you occupancy of the house until the youngest child is 18 or so. Do not move out!
You will also be entitled to some form of spousal support as long as you must be home with the child and until you can get a job to support yourself.
If your husband refuses to provide support to you, you can make a motion to the court to force him to provide interim support until the final matter is decided.
I strongly suggest you consider mediating your divorce. If you are located in the NYC metroarea please call me at 212-370-1660 to discuss the matter in greater length.
Leonard M. Weiner, Esq.\Divorce Solutions