What is the first step to getting a divorce and can i remove our child from the home

Asked over 1 year ago - Roscommon, MI

married six years and have a 5 year old daughter husband does not provide food or clothing for us even though he has a full time job with a good company. He has been very abuse both physical and verbal. I have my friends provide food and clothing for us.

Attorney answers (4)

  1. Henry S. Gornbein

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Hi, The first step is for you to contact a family law attorney where you live so that you can find out exactly what your rights are before you make any decisions about divorce or about removing your daughter from the home. I urge you to be fully advised of your legal rights through a meeting with an attorney. Good luck to you.

    Henry Gornbein

  2. Laurel Stuart-Fink

    Contributor Level 16

    2

    Lawyers agree

    Answered . You need help and you need it fast. Before a divorce you need to consider obtaining a personal protection order from the court so that your husband will stop physically abusing you. You can petition the court for a personal protection order without retaining an attorney, and I strongly encourage you to do so immediately. Ideallly, you will receive an personal protection order that will remove him from the home and order him to have no contact with you, so you are safe. Then, you need to file a divorce action with an attorney who will take aggressive steps to get an immediate support order in place. You should not have to be looking for hand-outs from friends. A court will most likely order him to make the payments to maintain the home, including mortgage, etc. and provide you with support. Be sure to retain an attorney who has lots of family law experience to assist you with the divorce, but I cannot stress to you enough the importance of securing your physical safety first!

    This comment is designed for general information only, and should not be construed to be formal legal advice nor... more
  3. Audra Rose McClure

    Contributor Level 8

    2

    Lawyers agree

    Answered . I agree that you should probably consult a lawyer. You may be able to find a legal-aid type organization in your area that can help you since it sounds like you don't have access to money. Technically the first step to getting a divorce is filing the complaint and getting that complaint served on your spouse. There are technical requirements for both of these steps that you'll need to follow. Once that is done, you will need to get a temporary order from the judge that lays out what the living and custody situation is to be while the divorce is pending. A lawyer can help you get the best arrangement possible. Michiganlegalhelp.org can be a great resource if you're not able to get the help of an attorney. Good luck.

  4. J. Matthew Catchick Jr.

    Pro

    Contributor Level 17

    Answered . If he is EVER abusive toward you or your daughter in the future, you must report it to the Police ASAP if you hope to get their help -- Police are VERY wary of domestic violence claims because the Victims/Complaining Witnesses so frequently "recant" their claims or later wish the case to be "dropped." Depending on the facts of your case, you may be able to convince a Judge to remove HIM from the home, due to his abusive behavior. When you file the Complaint for Divorce to start the case, you should, at the same time, file a Motion requesting a Court to Order him to pay "interim" ("interim" means: "while the case is pending") child support and perhaps other debts/expenses. Considering the potential for violence in your case, I would kindly but very strongly recommend you consult with a local-area Family Law attorney to assist you. I wish you all the best of luck. Please stay safe! Warmest regards, Matt Catchick.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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