I have been a stay at home mom for 17 years and have homeschooled for the last 5, returning to school myself, this last spring. That being said, I have no income, although I'm job hunting now, in spite of some chronic health issues and a possible case of mono, on which I'm still waiting for test results. Do I need an attorney to file for exclusive possession? Also, is there anywhere I can go for inexpensive or free legal help? My kids and I are tired of the disruption and mental and verbal abuse my husband brings every time he comes to the house at random. I have not been able to afford to file for divorce either, does that matter when trying to get possession?
Divorce / Separation Lawyer
There are at least 3 avenues i can suggest for filing for exclusive possession. If there is actual physical harm or fear of physical harm, you could file a Protection From Abuse (PFA) against your husband either on behalf of your children or for yourself. If that isn't the case, you could add a count to a divorce complaint and request a hearing on same once you decide to file the complaint. A third potential avenue is to file a Petition for exclusive possession (probably less expensive then a divorce complaint) and request a hearing and have a judge order for you to have possession of the residence during the divorce process. REGARDLESS, i'd suggest you speak with a local attorney who can look over your issue in more detail and provide you a better option. There are many attorneys who will do free initial consultations and/or work out payment arangements on a monthly schedule. There are also some free legal aid services available in most counties. You should contact your local bar association to see what options are available.
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