Been married for 28 years,3 kids (27,20,15 all at home )husband asked for divorce yesterday but it's the 3rd time . My problem is that I'm not working.stopped working because of health issues but I'm not home watching tv either .i need to know what my chances and steps are .
Husband cheated in the past and confessed to it and still after so many years I still can not get over it .
This is a long term marriage. If the kids continue to live with you then you will receive child support for the 15 year old. You may also receive child support for the 20 years old if she/he is still in school or dependent on you for support. You may also receive alimony depending how much income your husband makes. The court starts with the presumption that all assets and debts are divided equally but you may be entitled to a larger share of the assets and a smaller share of the debts depending on certain factors. You should consult with a divorce attorney.
As a practical matter, now may be the best time for you to gather financial information that may be more difficult for you to obtain in the event of a separation. It would make sense for you to make copies of bank statements, credit card statements, investment and retirement account statements, and the like. This is especially important if you are not the one who handles the finances. The court will require both spouses to make full disclosure, but it makes sense to have an idea of your financial situation when facing a divorce. You should also take advantage of a free consultation offered by many attorneys who handle divorces. Clients often feel better once they understand their options, and how the process works.
First step is not to look at this so bleakly. You will not be left with nothing. You should see an attorney, and I would especially follow the advice in another answer of gathering all asset and debt information you can. Child support is in play, possibly alimony after (or simultaneously depending on his income). Many factors are taken into account in allocating the division of assets and debts, and in determining if there is alimony and how much. These include conduct during the marriage (his infidelity and past asking for divorce = evidence of his non-investment in the marriage) and ability to earn in the future. Yes, life will change and not be at the identical material level, but you will not be left with nothing. Hire an attorney to be sure. Do not take this on without one.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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