Question:
My wife and I are going through a trial separation. I stay with my parents a few nights a week while she stays home with our children.
Last week she told me she doesn’t think this arrangement is working and thinks she may want a divorce. How soon should I meet with a lawyer?
Answer:
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, it is better to meet with an attorney sooner rather than later. There are certain rights that you have are able to preserve by staying in the home.
Also, in Virginia, so long as there is not a court order, a spouse can lock you completely out of the home and block all of your access from the children. This generally happens when one spouse has voluntarily left the marital home. On top of that, the spouse with the children can seek child support before there is a determination on child custody if the children are in fact living with that spouse.
Divorce and child custody is very fact-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on divorce, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
