What are my rights in a divorce to the children and the house?

UPDATED: Sep 15, 2011

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What are my rights in a divorce to the children and the house?

My husband of 10 years wants a divorce and I do not. We have 2 young children and he asked me to leave the house to make things easier for them. He has been very good about letting me see them and he and I do communicate. We are in counseling but his only purpose is to help me come to grips with the divorce. I want a chance to work things out. Can he make me leave the house or I take the kids (honestly he has a better chance of custody if we do divorce)? And what if I don’t want the divorce?

Asked on September 15, 2011 under Family Law, Maryland


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  I am going to say this in all caps so that you understand it clearly: GO HOME NOW.  Your husband can not force you out of the house.  You can go voluntarily - and he must have done some quick talking to make you believe it was for the better - or via court order.  If that is the marital home then you have every right to live there as he does, even if it is in his name or what ever.  If you do not agree with the divorce then it will be contested and not uncontested.  About the kids: they are as much yours as they are his and do not sell yourself short on the custody thing.  Courts favor joint custody.  Please get legal help asap.  Thank you. 

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