So Many New Questions


#1

Debs,

I am sorry to hear about your troubles. I hope you are able to find some peace very soon! No, it should not hurt your chances of retaining custody of your child if you took her when you left. However, keep in mind that your husband has a right to visitation, and unless you have reason to believe he is going to endanger your child, you should allow visitation just to help your custody case.

I would not move out, however, if you really want to stay in the house. Getting your husband out of the house will likely require an order from the court, probably through an action for divorce from bed and board. Check out our website for more details.

Every lawyer’s office has different policies for billing. You should check with whichever attorney you would like to retain to get more information on their firm’s billing practices.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I have wanted a divorce from my husband for years now. Face it, I’m not getting any younger! We have one child who is 6. We fight, but mostly, I just dread the thought or sight of him. It seems he is always frowning and criticizing, not to mention the emotional abuse. I hate going home and just long to be on my own in a happier environment. I have expressed to him that I want a divorce. He will not leave the house. I need to know:

If I took my child and left and went to my mothers (a few miles away) will this hurt my chances of getting custody of her?

How do I get him out of the house?

Do lawyers have to have a down payment? He watches my funds very closely.