my husband and i have been married for five(5) years, and been able to purchase a home and car together. my husband became very abusive,and started staying out late with friends, only to find out that he has been with cheating with alot of other women. also he has a really bad drug problem which has gotten alot worse over the past months,which makes him like a monster, so for my protection i decided to leave the house and stay with a friend of mine. i went to our home to pick up a chair, only to find a junky girl and a young boy living in my home, i had a really bad accident a couple years ago and broke my ankle, my husband treated me like crap during the whole time, being unable to work. i would like to know what i can do leaglly for my half of everything. thank you
It sounds like you should definitely hire an attorney. First, you will not necessarily get half, and you could get more than half. Pennsylvania is not a 50/50 state, but an equitable distribution state. This means that marital property is divided based on various factors. It wont necessarily be an equal split. You should really hire an attorney as you will not get help from the court until something is filed. I hope this helps.
You should really sit down with a divorce attorney for a consultation to discuss your rights to both spousal support and equitable distribution of your assets. If you can't work these things our with your husband, you will need to use the court system to get what you're entitled to.
For your protection, you should definitely consult with an attorney. However, I would immediately file for spousal support as you are entitled to support and you can at least file on your own to start the process. I would do this as soon as possible as the amount of support which you will be awarded is retroactive to the date that you filed.
Depending upon your income and assets, it may also be possible that you will receive greater than 50% of the assets, although your attorney will need to know more facts than what you have posted.
Please contact me if you have any additional questions.
The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author based upon the limited facts as stated. It should not be relied upon as legal advice. To the extent additional or different facts exist, the response might possibly change. Responses are based solely on Pennsylvania law unless stated otherwise.