What to do if I want a divorce but husband doesn’t agree?

I want a divorce but my husband has my kids because I am in the military and live on base. All of my stuff is in the house and I know he will not let me in to get it and will not agree on the divorce. He threatens to claim I abandoned the children and get custody. I just want joint custody everything is in my name since he is not a legal in this country. Where do I start and what can I do?

Asked on July 18, 2012 under Family Law, California


Phong Han / Eaton & Associates

Answered 8 years ago | Contributor

You can obtain a divorce, even if he does not agree with it, but if he has been the primary caretaker of your children, you may face some adverse consequences when it comes to custody and visitation.  You will want to consult a local family law attorney in order to determine what you can expect as far as custody and visitation of the children.

Once you file for a divorce, you can obtain orders to obtain your personal property from your home.  Your husband cannot hold it hostage.  A judge will usually allow the custodial parent to remain in the home with the children, but the noncustodial parent would be able to obtain their personal property.

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