Legal Question in Family Law in Illinois
My husband and I have been married for about 14 years. We purchased a house a few yeas ago, and had our first baby that year as well. We always had a love/hate relationship, but after our son was born things have gotten really bad. He loses his temper easily and gets very aggressive with me. I started thinking that it will probably be better for all of us if we split, however I know he will not easily leave our house so I�ll probably be the one who has to leave (and obviously take my son with me).
He gets very aggressive when he�s mad, so I do not want to take any risks and start a divorce process while still living there with my son. Actually I do not want to give him any suspicious thoughts that I�m planning to leave him as I�m worried about his reaction.
- Will leaving the house and taking my son, have a negative impact on gaining full custody of my son? I work full time and I can take care of my child
- If I leave the house, without starting a divorce process do I still have to continue making payments for my mortgage? I will need to rent something during this time (and pay mortgage and daycare). The mortgage is under my name only, but he�s on the title so I can�t sell. Does that mean the house will be mine automatically during a divorce settlement?
Any advice is highly appreciated
1 Answer from Attorneys
Both you and your husband have an equal right to the physical possession of your son unless and until a court says otherwise. Your leaving with your son does not negatively effect your case for custody. Leaving your son there might. You have not said whether your Husband works. You have also not said whether you have any equity in your home. These answers effect the response. Also where you live may have some effect. If you anticipate that your husband will not pay the mortgage are you prepared for the effect on your credit rating? What are your priorities. These is no stock answer, Each fact situation effects the answer.
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