Legal Question in Family Law in Illinois
How do I get out with as little confrontation as possible?
I have been married for 5 years, I have 3 children, only 1 with current husband and he has 2 others from previous marriage. As my other children grow up, (they're not the cute little toddlers anymore) I see more and more of the unfairness between step children, I can not continue to explain away his bold favoritism to my crying children anymore. I have recommended counseling and he says absolutely not, and other than that he basically says tough, it's my house, deal with it, life's not fair and they need learn to deal with that now. My problem is, we live in a house his parents built several years ago, and paid almost nothing for, I do not want the house in any way, but every time I have mentioned moving out it's a big confrontation and arguement, he will not let me take anything that he has not OK'd, he wants to call all the shots. I'm afraid if I take my kids move out and wait for a divorce I'll be in trouble for abandoment, then try to go back and get what the judge says I can it won't be there. What's the correct and legal way to leave the house and get what I am entitled to with as little confrontation as possible? Most everything in the house is marital property.
1 Answer from Attorneys
Re: How do I get out with as little confrontation as possible?
Hello. It is in your best interest
to retain a lawyer now. In my opinion, under the circumstances, it
is best to file for divorce or legal
separation while you are in the house
with your husband. Let him know that
you are going to do this and I suggests that you show him the filed
petition for dissolution of marriage
or petition for legal separation ahead of him being served by the Sheriff. I believe that this will
promote a discussion of all the issues
involving your children and marital
property. If the situation gets out
of control, do not hesitate to call
the police. I suggests that you and
your husband talk over your divorce
or legal separation with your children
based upon their ages and it might be
a good idea to get counseling for them
and for you to help in this process
of change. I will be happy to discuss
this matter with you further.
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