Separation from the husband
May 3, 2011 | 25,00 EUR | answered by Stefan Steininger
Hello, I am a 38-year-old woman who wants to separate from my husband. We have two children, aged 1 and 7. He owns a house which we live in together. We have been married since 2003 and together since 2000. We have many problems, including excessive alcohol consumption in the family and conflicts with his family (I no longer have a family). It would be best for everyone if I move out with the children. However, as I am currently only a housewife and mother, I am not sure what to do first. My older daughter is already in school, and it would be very difficult for her to lose everything. I want to move to a different town, which is only a 20-minute drive from our current residence. Can you help me? The situation is unbearable for all involved, so I need to act quickly. Thank you. Sincerely, N.W.
Dear questioner,
I would like to answer your online inquiry summarily based on the information you provided:
Regarding the financial situation, you are entitled to spousal support and (if the children are with you) child support. Furthermore, you are entitled to child benefit.
You can move out easily yourself.
However, regarding the children, it seems that you share joint custody with your husband, so you will need to come to an agreement with him on where the children will live. It seems that this has already been done. The place of residence should also be clarified.
If there is no agreement reached neither financially nor regarding the children, you will have to enforce your claims in court and possibly file an application for transfer of the right to determine the children's place of residence.
In view of the entire situation, you should definitely consult a local lawyer. You may be entitled to legal aid, where your legal representation will be covered by the state. Please contact the district court of your place of residence for more information.
Feel free to contact me again with any further questions.
I hope I have provided you with a helpful initial overview. Thank you very much for your trust. I am available for further questions and representation of interests.
Best regards,
Stefan Steininger
Lawyer
www.anwalt-for-you.de
