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What exactly does primary placement mean? 13 yrs married, <2yrs on mortgage left, he owns business, (which I dont want)He wants

Onalaska, WI |
Filed under: Home improvements

me to move out now so he can start fixing up house the way he likes. What are my rights, and can he be changing/spending money on home improvements before everything is decided?

Attorney Answers 2

Posted

To answer your questions I would need to know more about your situation and the current status of the divorce. Your "rights" are to one half of the assets of the marriage, as well as one half of the debts. That would include the business. You don't have to run it or keep owning it, but he would have to buy you out.

Joint custody of any children is presumed, unless there is a reason to do otherwise. Custody involves the right to make major decisions. Placement is more like the child's schedule. When the child is going to be with you, when with him.

In the typical case, one spouse cannot make the other move out, nor can he spend marital money without consent. The court will issue a temporary order governing your rights and obligations early in the divorce proceedings. You will have input into that order.

Chris

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Posted

Primary placement is when one parent has more placement (time) with the kids than the other. Your spouse apparently has his priorities but you presumably have priorities too. Property division, placement, custody and maintenance are not small matters and you should do your best to consider what these issues might mean for your future and the future of your children. Your mention of the spouse having a business makes me think about how valuing closely held businesses can be a challenge. An attorney could hopefully help gather the facts and arrange them into a compelling argument to help you achieve your goals. Good luck.

Disclaimer - 1. The above answer is not legal advice and should not be construed as such. 2. Always seek legal representation before making important legal decisions. 3. The above communications does not create an attorney/client relationship.

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