What are my rights if my spouse wants divorce?

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What are my rights if my spouse wants divorce?

My husband advised the other day that he wants a divorce; he is expecting me to move out of the home we currently rent within a week. We have an 18 month old daughter that would be moving with me. During our marriage, I was injured in a home gas explosion and received an insurance settlement earlier this year. About 5 months ago, we opened a joint account and invested the majority of that money. My husband wants to do a dissolution of marriage. When he gets upset he threatens to take me to court and take half of everything if I don’t do what he wants. What are my rights here?

Asked on October 5, 2018 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) He can get a divorce--anyone can; you can't keep someone married against their will.
2) You do NOT have to move out of the marital home until and unless the family law court tells you to (such as at the end of the divorce, if it is determined he keeps the home). He can move out and live elsewhere if he wants; he can't force you to leave.
3) The spouse who made more money during marriage and has more earning potential will likely have to pay support (alimony) to the other.
4) Whomever has taken more care of your child and does not have any reason he/she is an unfit parent (e.g. not a substance abuser) will probably get primary custody.
5) Whomever does not get child custody will pay child support to the other.
6) All money acquired during marriage will be divided; all debts incurred during marriage will be divided, too.
Consult with a family or matrimonial law attorney to better understand what you are likely entitled to under the specific facts of your marriage.


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