Legal Question in Family Law in New Jersey

Stay At Home Mom's Divorce Options

I need to know what my options are and would

appreciate some assistance.

I've been married 4 years. I came home from work

($33k/yr salary) 3 yrs ago as a SAHM. We have 3 kids

- 2 together

and my oldest (10) is from a previous relationship.

The younger 2 are not yet in school (3 & 19 mos).

Do I have any options if we split to keep our kids in

this house/school district? It's the perfect fit for our

kids - all of

them. The (affordable) house is in his name only.

We've lived here for a year. My credit is horrendous. I

have no

bachelors degree. He has a B.A. degree and makes

about $40k with much potential for advancement in

the future)

What's a ''custodial home''?

Would I be entitled to any spousal support? We never

had much luxury... I basically get food, a little bit of

clothing from time to time, shelter and all associated

with that, health/dental insurance & car insurance at

present. I think there's a question of what I'm used to

having... don't know if that helps.

He could never afford music/dance/karate lessons or

sports for the girls of any kind... I've always wanted

them to.

I don't have any savings... I've just been a mom for

the last 3 years.


Asked on 11/12/08, 3:13 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Stay At Home Mom's Divorce Options

I can give you the same advice that I give to everyone who is facing the possibility of a divorce: spend several hundred dollars to sit down with a divorce attorney and get some advice.

You are not near me, and I will not be able to assist you.

Let me summarize what SEEMS to be your situation:

Very likely, you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.

Employment, income to pay the family's expenses, is an issue.

You have kids: custody and vistation, and child support are issues.

Child support and college tuition needs to be paid. Measured in tens of thousand of dollars.

You have a house, and maybe some money saved. You may have a pension plan; your spouse may have a pension plan.

Go see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/12/08, 3:24 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Stay At Home Mom's Divorce Options

I agree with Mr. Davies. This site is a good tool to find lawyers that can help you. Or, if you have a simple question, we may be able to help you. You have a world of issues. Sit down with a good attorney.

I'd be happy to discuss this with you.

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Answered on 11/12/08, 5:03 pm


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