If I want to divorce my husband but don’t want to move to due my daughter’s condition, how can I stay in the house?

We are living apart right now. He is staying somewhere else and I am in our house with the kids. I would like to stay in our house because our youngest has autism and removing her from it or having to go to a different town or school district would be devastating for her. The problem is I do not have a job. I am looking but I have been a stay at home for years. I haven’t found anyone who will hire me yet. I know he will have to pay some child support but he said he will never pay for a house he doesnt live in. I don’t know what to do or where to go.

Asked on August 1, 2015 under Family Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Clearly he doesn't understand divorce law, child support and alimony.  You are entitled to alimony to keep in the type of lifestyle to which you were accustomed.  You should force this issue and have your lawyer fight for it. 
Judges like to award the home to the mother in most situations where minor children are involved, especially any with special needs.  At this point, your lawyer needs to drive this point home and he could face contempt of court if he violates the divorce decree in any way. 
You should immediately seek counsel to file for an interim order.


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