Legal Question in Family Law in Utah

How long can I stay in the home?

My husband has paid a retainer to a lawyer and will be petitioning me for divorce. He claims he has a cut and dry case of unreconilable differences as he and I haven't had sex for about five years.I'm wondering how long I can stay home. I have worked fulltime for many years and this is first year at home. He works in a private boarding school and the home is a condition of the employment. He feels he has every right to be a sole provider. I left 3 permanent jobs in canada to accommodate his career needs. I have driven 130 miles each day for two years to work as this is rurual and no work for 65 miles. He is using intimidation tactics to say that potentially he has sole custody, I pay child support, I leave almost immediately or Oct 1 and he has told me November would be too long....how long can I stay? can the children be with me? We are all from Canada and now they have dual citizen ship. He wouldn't allow me to take the chidlren to Canada ever since we've been here while married.


Asked on 9/14/05, 11:41 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: How long can I stay in the home?

You can stay until a court order requires you to leave, although as a practical matter you may want to leave to prevent abuse. You may go anywhere with or without the children that you desire, including to Canada. Ignore his intimidation. Custody is decided through agreement or if no agreement through a custody evaluation by a professional. Your husband has no power to make the custody decision. The judge makes the final decision, which is based on what is in the childrens' best interests. If he is abusive and/or controlling, you may want to take such funds as you and the children will need from your checking and savings accounts and move to a place where you can be safe. I suggest you contact an attorney her in the US and in Canada to decide where to file for divorce.

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Answered on 9/14/05, 1:05 pm


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