I Want to Divorce My Husband

Updated on March 27, 2008
M.V. asks from Grayslake, IL
4 answers

Is there anyone out their who is a divorce lawyer? I will tell you about my situation. I have been married for 2 1/2 years. We have a 2 yr old. We just dont get along. He is a verbal abuser and puts me down all the time. I have some questions that I need answers to. 1. We both have family in michigan, I would want to move back home where i would have family and a place to stay and babysitters for my son. Here we don't have any family. I am the primary care giver. would it be possible for my son and I to move back home. 2. Would the judge make me stay here, with out family support. I dont have a job I am a sahm.3. My husband said that the judge favors the working parent. it that true?
Please is there anyone who can answer these questions. please send me a private message. I want to know what my chances are of moving back home. I plan on getting a lawyer.

M.

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T.T.

answers from Chicago on

Hi M.,

I am also going through a divorce, and expect some problems with my husband over custody. I have talked to a number of lawyers, and they all tell me:

1. Don't take legal advice from the man you are divoricing. The system does not favor the working parent for custody. They favor the parent who has consistently provided the majority of the care and day to day parenting.

2. To the extent that judges favor anyone, they still seem to generally favor the mom, especially the stay-at-home mom, because she is usually the primary caregiver. Whether or not you are working is irrelevant.

3. You don't have to leave this decision totally up to a judge. Most divorce agreements are negotiated and never get to court. Your husband may be all bark and no bite once you actually file for divorce.

4. It is not impossible to move out of state, but the courts consider it to be important that both parents have access to the child and that the child continues to have a close relationship with both. The judge considers what is in the child's best interests, and may not find that moving out of state is in the child's best interest.

5. You should find a lawyer who practices family law in your county, since divorces are heard by county courts, and the specifics of family law vary from county to county. Interview 2 or 3. Most will give you a free 30 - 45 minute consultation, and you can ask them all of these questions. To find referrals, you can try www.findlaw.com as a resource or Google the Illinois bar association website. Your county may also have a bar association with a website.

Good luck.
T.

1 mom found this helpful
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K.T.

answers from Chicago on

Good luck, I was never married but we split after our son was one years old. I ended up moving to where my parents live, 2 1/2 hours out of Chicago and it was the best thing ever, tho at the time I was fraught with guiilt.

Don't feel guilty. Don't let another make you feel guilty. Getting help with your child is the best thing a single mom can do. My child is thriving with grandparent attention. I have more time to pursue a living which is helping me support my son the way I know I need to.

Trust your instincts, my friend, and don't be shy about getting that legal counsel. You have rights.

Good Luck

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

P.D.

answers from Chicago on

M.:

call Roselynn Don.. she is a divorce lawyer and will be able to best answer your questions... ###-###-####

P.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.L.

answers from Bloomington on

It all depends on the judge and also the opposing attorney. It is definitely not impossible to move out of state, just depends on the post-marital agreement.

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