You had suggested I try this and stay in the home. How would the bills be paid and would that order make him leave the residence? Otherwise, I would have to leave and move around with 2 small kid’s if I cannot get a lease to own while still married. Essentially how does this dfbb work? I would like to go down and get a seperation agreement made up and be done with it but he is not going to agree to anything and play the victim.
You can ask to be awarded possession of the home in a divorce from bed and board hearing, but there are no guarantees. You will need to file a claim for post separation support, and temporary child support as well to ensure your husband pays you a monthly amount that will allow you to support yourself and the children.
A separation agreement is an entirely different thing, and is used to settle all issues when the parties are in agreement.
And as long as you’re under the same roof, the situation and the paperwork and everything else will drag on and on and on. I gave up the house thinking maybe I’ll get it in equitable distribution (or something along those lines) but that looks to be less and less. However, I’m happy to just have myself and my daughters out from the every day issues and mental anguish and fear of physical abuse from my STBX. It’s a lot of give and take and unfortunately it seems like our legal system is geared to punish those that do good, have good intentions and are the victims (sorry to sound so cynical but it’s exactly the way things have played out thus far during this process… he is protected and I’m left with no help.