What are my rights if my husband put us out over the weekend with no reason?

If I want to file for a divorce, could he be responsible for paying the attorney fees and providing his kids with housing?

Asked on December 8, 2015 under Family Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If you wanted, you could be put back in the home and the police will help you: one spouse has no legal right to put the other out of the marital home.
2) He will certainly have to pay child support if you get custody of the children in any divorce. (To oversimplify: one parent generally gets primary custody, the other provides economic support.)
3) If he was the sole or main breadwinner, you will very likely get spousal support (a/k/a alimony), too.
4) When you divorce, everything you owned or acquired together while married will be divided.
5) He *may* be required to pay your attorney, but don't count on it: generally, each person pays his/her own lawyer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.