My husband is abusive and I am leaving him. He threatens to take everything and leave me with nothing. He is the bread winner. I need to know if I should file for legal separation first or just go for the divorce. Financially I can not afford to do things on my own and need the help with child support and spousal support.
Criminal Defense Attorney
You might start with a number of things. If physically abusive, just call cops and demonstrate the injuries, ask for an emergency restraining order [ covering children as well]. Go to court on that order and ask it n=be continued.
See a local women's shelter. May provide some legal advice /assistance in getting orders .
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
1 lawyer agrees
Child Custody Lawyer
It is standard procedure in divorce cases to request temporary spousal support, temporary child support, and preliminary attorney's fees for the spouse who is on a lesser financial footing.
You'll need to file for divorce or legal separation (they are essentially the same in procedure, save a legal separation will not dissolve the marriage at its end) and then file a motion for temporary support.
You should consult with a qualified family law practitioner to discuss your case
4 lawyers agree
Divorce / Separation Lawyer
I agree with Mr. James. You should file for divorce or legal separation and with the complaint, or shortly thereafter, you can submit a motion for temporary orders which will allow the court to make temporary orders concerning custody, visitation as well as financial responsibility/support issues and any request for and award of attorney's fees. The orders are temporary because they will be in force only until a final Decree or divorce or a Decree of separate maintenance enters, which will also address these issues, but on an ongoing basis. You should seek a consultation with an experienced domestic practitioner to discuss the specifics of your case as well as the anticipated costs. In my experience, if you believe that the relationship is over and beyond repair (which it is when one party is abusive to another) it makes more sense to file for divorce since it is likely that the matter will end up there eventually regardless. Hope this helps.
2 lawyers agree
Family Law Attorney
First thing you should do is consult with a family law attorney who specializes in family law. There is rarely a reason to do a separate maintenance when a marriage is over. You need to speak with someone about the process and expectations. Nevada is a community property state, so regardless of his threats, if you have assets, half are yours.
Family Law Attorney
I would add that you may get Pro Bono help in the meantime if you have no money and he is controlling it all to the point that you cannot get any money to a family lawyer on your own. You really need a lawyer to get you the support and help that the law will likely allow for you.