What can I do now?

UPDATED: Oct 1, 2022

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What can I do now?

Wife kicked me out and cleaned out my credit card, we have 2 kids together and she has 2 I support as my own receiving minimal welfare assistance and no benefits from the other 2 fathers, I have been the primary income for 4 years, she does not work. What can I do?

Asked on November 11, 2017 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, be aware that your wife may NOT kick you of a home you shared together: the law does not allow one spouse to evict or remove the other from the marital residence.  You can return to and live in the home the two of you shared, if you wish.
Based on what you write, you probably should consult with a family or divorce/matrimonial law attorney about filing for divorce. You may be able to get custody of your children, if she can be shown to be unfit as a mother. If you can't get custody, you  can at least get defined visitation rights. You will be ordered to pay child support for your children if you don't get custody, but it seems as if you are willing to support the children anyway.
You will likely have to pay her some amount of spousal support ("alimony") if you divorce, but at least will be a known, defined amount and you will be legally free (or mostly free, at least) froom this woman and be able to move on in your life.
In the meantime, cancel any credit cards to which she has access and open new cards only for yourself, if you are worried about her running up large debts for which you will be liable. One of the advantages of divorce will be curtailing her ability to run up or incur debts in your name.

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.

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