Divorce and the Marital Home

[lee_schreck]

My question involves a marriage in the state of: Arizona

Hello,

Any input would be greatly appreciated. My marriage is on the brink of divorce and I have several questions regarding what will/can happen once I file for divorce.

First off, our marital home does not belong to us, nor do we pay rent. The home belongs to my mother in law who pays the mortgage and only asks that we maintain the property. I am a stay at home mom to our two young children, one is in school, the other is still too young to attend school. I have always been their primary care-giver, and have not worked since 2010. My question is: Do I have any rights to this home after divorce, legally speaking? I have no means to support myself and my children at this very moment. Ideal situation would be for me to stay in this home with the kids until I get on my feet. What does the law say about this situation? If anything?

Second question, I am in school seeking a degree for a very specific career. Chances are my best shot at employment within this career will be out of state. How does the law reflect on that, especially in the case of divorced parents with joint-custody? Simply put, what if I'm offered a job after divorce that requires relocation?

Lastly, I strongly believe my husband will do everything in his power to make my life miserable once I file for divorce. We've been to a therapist who has documented the ongoing sexual/mental/emotional abuse and controlling behavior directed at me by my husband. I state this only to make clear that I'm not dealing with a rational person. What can I do to protect myself? I realize that's a broad question, but any advice in that area would be very much appreciated.

Thanks in advance for any input.

[Dogmatique]

You have no rights to the home. However, you can file for divorce and request exclusive use of the marital home which may buy you some time, but you should also expect for your mother-in-law to evict you fairly shortly thereafter.

You will eventually have to find both a new home, and a way to support yourself. Schooling might not actually be a viable option at the moment, depending on various other factors we don't have (how long have you been married, for example?). You may need to start working one if not more jobs. You're also asking to relocate the children away from their other parent - in your state, the burden of proof is on you to show how this is in their best interests (not yours - theirs). If Dad is not unfit as a parent (his treatment of you does not make him unfit), he could feasibly get custody if you decided to relocate out of state.

You really need to sit down with a family law attorney though to discuss your options.