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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.
 


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