get 30% from his income for temporary support (for spousal and child included) while the divorce battle continues? (He makes lots of money and I am a stay at home mom for years w 2 little kids)
Yes, it is possible to keep living under the same roof after filing for divorce. Indeed, it is quite common to do so while the divorce is pending. The living arrangements will be taken into consideration when determining the duration and amount of temporary spousal and/or child support, but support may still be ordered. You really should consult with an attorney asap so you can have all your rights, responsibilities and options explained to you in confidential detail. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
People often remain in the home until the divorce is settled. I suggest that you consult with a matrimonial lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
It is possible for you to live under the same roof while getting divorced and still be supported by him. Get a good divorce attorney who will file the divorce together with a pendente lite application. Best of luck
Yes, many people continue to reside together while their divorce is pending. I would strongly suggest that you find a competent matrimonial law attorney to assist you in making an application for temporary support and maintenance if he is not providing enough support for you and your two children.
As many of my colleagues stated, hiring a matrimonial attorney is the best thing you can do for yourself.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
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