Many clients going through a divorce ask me the same question.

“My wife told me to get out of the house, but I really don’t want to leave my kids. What should I do?”

The answer – you do not have to vacate you home. You are entitled to stay in your home and do not have to leave your children and move somewhere else during a divorce.

Your family is experiencing a major trauma in your life, and the family courts encourage both parents to stay in the same home living peacefully in separate areas.

Your children are emotionally fragile at this time, and it is more difficult for them to experience you leaving your home, rather than for you and your wife to peacefully step it down while continuing to co-parent from the same residence.

Co-parenting peacefully from the same home will allow you to jointly transition your children for life in separate residence.

Of course, if there is verbal or physical hostility, that would further damage the welfare of your children during this traumatic time, exercise your best judgment and perhaps consider pursuing your divorce from a different residence. You don’t have to worry about losing the rights to your home if you have to leave. Your right to it remains whether or not you vacate the premises.

I tell all my clients to remember that you’re soon to be ex-spouse will always be in your children’s lives. It is best to treat them with dignity and respect during and after your divorce for the benefit of your children.

I recently had a new client call me for a free phone consultation. Kathy wanted to file for a divorce, but she was concerned that her husband threatened to stop supporting her and her children if she did. Kathy is a full-time mother of three, and does not have an individual income outside of her husband’s salary.

Often, individuals are upset and emotional knowing a divorce is looming, and a spouse will threaten to discontinue financial support if their partner continues to pursue separation.

“Can my husband cut me off before my divorce is final”? She asked. She was worried about her financial welfare, and the well-being of her children.

The answer is NO, your spouse cannot cut you off. I immediately filed papers with the family court on behalf of my client, asking the judge to enter a Status Quo Order.

A Status Quo Order is a legal request, that when granted, states that everything must stay the same. Your spouse must continue to pay the family bills, mortgage and daily living expenses until both parties have reached a formal negotiation and agreement.

Simply stated, he has to keep paying! Call me, attorney Alex Benson, and I’ll insure we set the stage for your divorce that best protects you and your children’s future.