Q: If my husband and I are talking divorce and I have stepped out on marriage and used some credit cards
To help other person, but I am paying the debt myself with no help at all. There is also emotional abuse from the husband to myself and the children. Can I lose my house and kids if we can not come to an agreement?
A: The simple answer is yes, in a divorce case, the Judge can do anything he thinks is required to do justice between divorcing spouses. However, every divorce case is different and the Judge has to consider a long list of factors in making property decisions and child custody ( parenting) decisions ( we no longer use the word "custody" in relation to children, the proper term is parenting time or parenting plan). Fault ( as in marital fault, or who is to blame for the divorce) is not a factor the judge can use in deciding property matters. Also, in making a parenting decision, the law wants the children in a divorce to have a good relationship with BOTH parents, so its unlikely you could "lose" your children. Unless there is clear child abuse, a parent will always get some parenting time with the children. In short, there is no easy quick answer to your situation, I strongly suggest you consult an experienced divorce attorney. Many will offer a free initial consult. Talk to more than one.
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