What legally can I do if I don't want the house and he can't afford without my income. Also the car I drive is financed with his name only am I required to pay or can I leave it. I just need the cheapest way out. We have 2 sons ages 9 & 5. He is an alcoholic.
There's nothing better that you can do right now than to consult with a good family law attorney about your options. Division of property --and debt-- is only one aspect of divorce. In your case, it sounds like there is debt to be divided, i.e., the house. If there is no value in the house, than the problem is not "Who gets the house?" but "Who wants the house?" Whoever is going to keep the house will likely have to demonstrate that it can be refinanced and sustained. The best way to divide property is to reach an agreement with the help of lawyers. The alternative is to litigate these issues in court. This process can be long and very expensive. My answer here is only some general remarks on the subject. To get solid legal advice specific to your situation you will have to consult an attorney. You can find one on this website. I suggest you talk to a few of them and find out something about them and then go forward with someone you are comfortable with. Marriage counseling is highly recommended so that this serious and expensive step of getting divorced is not taken without a great deal of thought and reflection.
You need to schedule a consultation with an experienced family law attorney. You have real property, personal property, custody, visitation, child support, and possible spousal support, debt, and retirement and investment account issues. None of your questions can be addressed without addressing others of your marriage and divorce.
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