If Ihave been a full-time stay at-home-mom for the last 6 years,what are my rights in a divorce?

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If Ihave been a full-time stay at-home-mom for the last 6 years,what are my rights in a divorce?

My husband and I have been married for 6 1/2 years. How much child support will I get? By law, do I have to work after our divorce or can my son and I stay with family so that I am still able to stay home with him and continue homeschooling (considered a private school in IN)? Also, his job keeps my husband away from home for most of the week. How long may I stay with our son in our home? Does my husband have to leave or do I? 

Asked on June 17, 2011 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  I really think that you need to consult with  an attorney in your area on this matter as soon as you can.  You have a lot of questions that require detailed answers here and someone needs to look at all the facts and circumstances surrounding your situation.  It is my understanding that Indiana has both an action for dissolution of the marriage and for legal separation.  Maitenance can be awarded in either based upon the following considerations:

  • The educational level of each spouse at the time of marriage and at the time the action is commenced.

     

     

  • Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities.

     

     

  • The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market.

     

     

  • The time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.

 

A court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree. [Based on Indiana Code Title 31 - Article 15, Chapter 7-1 through 7-2] .  Please get help.  Good luck.

 

 


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