What to do if my husband wants me to sign divorce papers before we go to court regarding custody of our girls?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my husband wants me to sign divorce papers before we go to court regarding custody of our girls?
We’ve been legally married for 11 years and have 2 kids, ages 10 and 9. He got a new girlfriend that he wants to marry and wants me to sign divorce papers before we go in front of a judge to decide on the kids custody. I want full custody of the kids and want him to have visitation rights. We still leaving together under the same roof. I sleep with the kids in their bedroom while he sleeps on the main bedroom. We both work but he wants me to leave the apartment with the kids because the lease is in his name, or he will transfer the lease to my name if I agree to split the $4000 late fee he owes. Will I lose alimony rights if I sign divorce papers?
Asked on July 6, 2012 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your situation. Stand your ground here. Do not sign anything unless and until an attorney reviews the documents on your behalf. Please. Although it is possible for you to get a divorce before the issues of support and marriage and asset distribution are decided, it becomes much more difficult in the long run. And I highly doubt a court would do that with the children involved and with out financial disclosure. And if a court sees that you are surviving yourself with out support then they may not award it to you. Also, if the apartment is the marital home then whose name is on the lease does not really matter. Get help. Good luck.
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.