Can I get restraining against hubby to start separation?


#1

My husband and I have been married for 4 years and I need a divorce. He has inappropriate relationships with women he meets online, which I’ve demanded he stop and he is more devoted to his family of origin than he is to the family we made. He has refused to go to marriage counseling so I don’t have much to work with. I want to make this as simple as possible…

  1. Can I force him to leave the home via restraining order if there has been no physical abuse?
  2. If he leaves the home, can I get a child support order? (we have 2 children)
  3. Since the home is in my name, can I keep the home after the divorce or will I be forced to sell if he desires to do so?

In terms of child custody, I want 100% custody of my kids. What will I have to prove to be awarded custody? He has left the kids at home unattended on 2 occasions, that I am aware of. I was a stay-at-home mom for all of last year (since I lost my job) and worked per diem to provide for the family. My husband is extremely financially irresponsible…I depleted all of my 401k to keep things going at home while he worked full time but, strangely, never had enough money to contribute.


#2
  1. I would not file a restraining order against him if it is fraudulent. You can try and get a divorce from bed and board.
  2. You can file for child custody/support with the courts. There is a calculator on this website if you want to estimate how much it should be.
  3. You will owe him half of the value of the home if it is marital. You can trade other assets for his half of the home.

100% custody is vague. There is legal custody (which can be joint) and physical custody (which can also be shared). Unless he’s willing or a completely negligent/abusive parent it’s unlikely you would get full legal and sole physical custody.


#3
  1. You should only file for a protective order if it has a basis in law.
  2. You will have to file for child support, but you are likely entitled to it.
  3. This is an involved question, but the short answer is he’s likely entitled to something.

Custody: It is very unlikely you will receive 100% custody.