Can my husband of over 5 years throw me and my children from a previous marriage out?

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Can my husband of over 5 years throw me and my children from a previous marriage out?

The reason my husband is wanting a divorce is due to our lack of communicating when it comes to our children. He has a son (9) that was diagnosed with ODD/severe behavior issues; my husband is in complete denial despite that we’ve had CPS/counselors involved. They recommended counseling for us as well but he decided it was easier to simply move out. This has been hard on my children as he has been their only father figure for years. I do not receive any child support from their biological father, yet my husband wants us to abandon the home immediately. I cannot afford to leave and he is offering no help at all.

Asked on April 24, 2012 under Family Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 9 years ago | Contributor

Situations like yours can get complicated.  The good news is that most courts try to maintain the status quo situation during the initial phases of a divorce, even in a short term, 5 year, marriage.  Much will depend on the relative economic position of you versus your husband.  If you do nothing, then you and your child could easily end up without a home.  So, this situation likely calls for some prompt court action to stop that.


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