Legal Question in Family Law in Illinois
Terrified of divorce because I have no money or a place to live.
I live in Illinois. My child is 9. I'm 34 and have been married for 15 years. We have a mortgage on our house. My husband said he's filing for divorce. My husband has never let me work or have a drivers license. I have no money and no place to go. I stress no money or a place to go. He said I'll be left to live in a shelter and he will get custody of our daughter and the house because I can't drive and I have no money or skills and he does. It makes sense and I'm terrified. He has been an alcolholic for the past 3 years, basically ignorning me and my child, being home only to sleep, vomit, and instill fear in me about how without him, I'll have nothing and lose my child. I've been raising my child almost alone and give so much love and a stable home and instilling values and morals and I'm there for everything. I have never been so scared in my life. I had 3 surgeries for my leg in the past 5 months. The pain is constant, but I do what it takes. It has not prevented me from taking care of my child extremely well or from caring for the house, but I'm very slow to move because of the pain. Do I even have any rights or options even though I have no job or money or skills or a drivers license? I'm just so scared.
1 Answer from Attorneys
Re: Terrified of divorce because I have no money or a place to live.
Don't listen to his threats. A judge will make his decisions based on the best interests of the child. Just because you do not drive does not mean anything horrible. Many women have foregone obtaining skills to raise a family and judges have not taken their children away from them. Your husband is in the same position as you in this case. He may be worse off because he is an alcoholic. If this is true, you may get sole custody. You will both be looked at and the judge will determine whether you are both fit to be parents and then determine who to place the child with based on the CHILD'S best interests. Often, this means joint custody. Your husband will also be liable to you for maintenance and child support which will be automatically drawn from his paychecks. As far as a place to live, why are you going anywhere - have your husband move out! You have the same rights as anybody else. Make sure you do not back down.
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