Legal Question in Family Law in New Hampshire
My wife wants me to leave
My wife has filed for divorce (the paper are in the mail and on their way). She insisting that I leave our home. We have a 7 year old boy. She struggles with mood swings from bipolar disorder. The fall and winter tend to be her bad time of year and I have gone through this many times over the course of our 16 year marriage.
My concern is for our child and my rights. There is no history of physical abuse or emotional abuse, I have a great relationship with her family and provide her and my son with a comfortable middle class life style.
I have had periods of alcohol abuse over the years and am currently in counseling. I also attend AA. I've never been arrested, put in protective custody or lost my license. I've drank four times in the last four years. Unfortunatly, she is using anything she can to justify her case.
IF I LEAVE MY HOME, WILL I LOSE RIGHTS IN FUTURE SETTLEMENT DECISIONS?
I DON'T WANT A DIVORCE, CAN SHE FORCE THE ISSUE.
I DON'T WANT TO SELL OUR HOME AND DISRUPT OUR 7 YEAR OLD.
PLEASE ADVISE. THANK YOU.
1 Answer from Attorneys
Re: My wife wants me to leave
Generally, it is advisable not to leave the house unless forced to do so. However, any orders entered prior to the divorce will be on a temporary basis, i.e. you can still argue for custody and possession of the home during the final hearing. With that being said, it is better to argue for retaining the home, if you are in possession of it at the time, but it is not essential. If she wants to sell the house; however, you may have to buy her out depending upon the facts of the case. Please send me an email with more facts. I will be in my office tommorrow morning and will give you a free call if you wish to discuss it. Good luck.
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