Asked in Divorce and Family Law for Alabama

Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a uncontested divorce so that it will be more affordable.

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Birmingham, AL
  • Licensed in Alabama

A: I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is always "less expensive" and when you set the terms (as clearly your husband is trying to do) favorable. You need not leave your house or your child unless/until there is an order requiring you to do so. In addition to the issues of child custody, visitation and child support you mention a home so there is likely also an aspect of asset and debt division to be addressed as well. You can't stop the divorce but you should most certainly not accept HIS terms or take any action towards accepting his terms (moving out of the house) without at least first consulting an attorney and discussing in detail the facts of your case and the likely outcome if the issues and facts were presented to a judge in your jurisdiction.

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