Q: Legal options in divorce: alimony, property division, child support and house rights?

A: You've done a great job laying out some very important facts about your family relationship, and what you believe your husband is willing to agree to. To answer your question: based on what you've stated, it doesn't sound like he has any grounds to kick you out of the house. Regarding your options, this isn't really the forum that allows us to answer that type of question. You have many, many options regarding each of the issues you've mentioned. Unfortunately, the answer is "it depends".

You're on the right track, and you're asking good questions. I would advise you to schedule an appointment with a family law attorney in your area. During your appointment/consultation, the attorney is going to ask you questions to get additional facts from you, which will open up additional options. The process of asking and giving questions and answers will help you and the attorney more accurately evaluate what options may work best for you.

Good luck and stick with the process, until you're able to get the answers you need.

A: You’re in a difficult and emotional position, but it’s clear that you’ve already put thought into protecting yourself and your child. Since the house is jointly owned and your husband voluntarily moved out, he cannot legally force you to leave without a court order. Until a judge says otherwise, you have just as much right to stay in the home as he does—especially with your child living there full time.

When you formally file for divorce, you’ll be able to request child support, alimony (also called spousal maintenance), and a fair division of the property. Courts typically look at the length of the marriage, the income difference, and who is caring for the child when deciding support. Given your 17+ year marriage and the income gap, you may have a strong case for some level of alimony, at least temporarily. Child support is usually based on state guidelines, which take into account both parents’ income, the child’s needs, and custody arrangements.

Any verbal agreements you’ve made—about the house, car insurance, phone bill, or the AC unit—should be written down and included in the divorce filing to make them enforceable. You’re not asking for more than what’s fair—you’re asking for the stability and support you need after a long marriage and in the best interest of your child. Start putting everything in writing and gathering your financial records. You’ve already shown strength by taking control of this—keep going, one step at a time.