What do I do if I want to get a divorce, but have a lease on an apartment with my husband? He refuses to leave or take his name off the lease and we have two kids.
2 Answers from Attorneys
If you choose to break up while the lease is intact, you can move, knowing you woo still be liable for rent at your present residence. You may be able to have the Court discount what child support you woo owe him, by what rent you will have to pay to your current landlord. (assuming you cannot afford to rent a place large enough for IOU and the kids, plus half your current rent, the kids will likely stay with your husband)
It is unstated whether you desire to stay in the apartment. Many times a mother with two kids will want to stay in the apartment to provide some stability for the children. If you file a divorce, you may ask the judge to grant Temporary Orders that give you exclusive possession of the residence. You will have to examine your budget to see if you can afford the apartment. Receipt of some child support would help your budget. Contact an experience family law attorney. We are here to help.