Legal Question in Family Law in Connecticut

divorce

My husband has been having affairs off and on our 12 year marriage, we have 2 boy's, he is seeing a civilian contracor he works with in the Army, he is controlling and drinks, he refuses to leave, i know she is pressuring him too, what do i have to do to get him out and start paying $, would a seperation get him out? and should i tell JAG? i do have some proof, don't want him fired if they question her.


Asked on 1/02/09, 1:58 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

Re: divorce

First of all, why would you want a separation rather than a divorce? Nevertheless, you probably can not get him out unless you filed for a divorce (or separation) and requested temporary relief from the court to have exclusive use of the marital residence pending the final decree. However, to remove a spouse from the home in a divorce proceeding is a difficult burden and not easy to win. However, if he is abusive, or exhibits behavior detrimental to the children (drinking, drugs etc) you may be successful.

Pending the final decree you can also seek a temporary child support order.

Whether you should inform the military of his infidelity is a personal decision. My understanding is that there may be severe penalties if it is proven that he committed adultery. This could be risky for you if you need his financial support.

If he refuses to support you, the military may require him to pay child support even if you haven't filed in court yet. You probably would not need to inform them of his adultery to obtain monies from him.

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Answered on 1/02/09, 2:59 pm
Linda Subbloie Linda A. Subbloie, Esq.

Re: divorce

First of all, why would you want a separation rather than a divorce? Nevertheless, you probably can not get him out unless you filed for a divorce (or separation) and requested temporary relief from the court to have exclusive use of the marital residence pending the final decree. However, to remove a spouse from the home in a divorce proceeding is a difficult burden and not easy to win. However, if he is abusive, or exhibits behavior detrimental to the children (drinking, drugs etc) you may be successful.

Pending the final decree you can also seek a temporary child support order.

Whether you should inform the military of his infidelity is a personal decision. My understanding is that there may be severe penalties if it is proven that he committed adultery. This could be risky for you if you need his financial support.

If he refuses to support you, the military may require him to pay child support even if you haven't filed in court yet. You probably would not need to inform them of his adultery to obtain monies from him.

Read more
Answered on 1/02/09, 3:00 pm


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