I have been married for 19.5 years and my husband has asked for a divorce. I have proof that he has committed adultery. Our kids are grown but we have one in college that we still support. I don't want the house but he wants me to help him refinance it so he can stay in it. Since I found out about his infidelity I am refusing. What am I entitled to and how do I get out from under the house if he still wants it? Is it legal for me to ask him to keep his insurance policy intact?(Our daughter and I are the beneficiaries)
Criminal Defense Attorney
You do not have to wait 6 months to obtain a divorce if you can satisfy a judge that your husband has committed adultery. Whether you obtain a divorce "immediately" or wait 6 months depends on your individual circumstances (whether you need interim spousal support, etc.). You should consult with an attorney to decide what is best for you.
You can force him to buy you out of the house if he wants it and you do not. You will not be required to stay "on the hook" for paying the note after the divorce if you want your name off the house. He will either have to refinance in his name alone or the house can be sold.
He will not be required to keep you as a beneficiary on any life insurance policy. He can name any person as a beneficiary on a life insurance policy, even if you are still married.
Family Law Attorney
Although I am not licensed in LA, I would ask you to consider the following: a) Try to negotiate that he maintain the Lif Ins. police as is or with the child(ren) as primary beneficiary at the very least; and b) Meet with a lawyer asap to formulate your Demand/Offer to Settle and file an Answer/ Counterclaim to get your position on record.
Family Law Attorney
You can request spousal support and use of the house and use of a vehicle during the period of separation. You can request he keep you on health insurance during this period. You can not require him to keep you as a beneficiary on a life insurance policy, however if the life insurance policy has cash value it would be a community asset that would have to be divided in the division of community property. You can agree to transfer the house to him in exchange for being released from the mortgage. But he would have to refinance the house in his own name for you to be released from the mortgage. If you can prove adultery you can get a divorce when you can get a trial date. In some courts it may take six months to get a trial date so it may not be worth it to try to prove adultery since you can get the divorce simply by being separated six months.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
Insurance Law Lawyer
I agree with Ms. Coleman and Mr. Louque, Jr. You can seek immediate divorce on the grounds of adultery and you have no obligation to refinance the home with him. In addition, he is under no obligation to maintain you or your daughter on his life insurance policy. Please remember that in Louisiana our laws regarding the family unit and other certain areas are different than that of other states. I highly suggest you contact a Louisiana attorney to receive in person consultation for your needs.
Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.