Expert: James Robinson - 7/2/2009

Question
I live in Cincinnati, OH and have been married 8 years and have two small children.  I have been a stay at home mom for the past year or two.  My spouse is a lying, cheating, emotionally & physically abusive, financially irresponsible person and a daily drunk.  I put up with it for the last 5 years because of the children but I am at my breaking point.  I have been contemplating divorce awhile so I recently landed a great job that I start in two weeks.  He goes out of town on business in 3 weeks and he'll be gone for a month.  I want to file while he's gone for my safety.  I have the money to simply file but I really don't have any money for an attorney since the money I will be earning will go straight to the bills and thanks to him we have no assets, no credit and no savings and won't have any extra money.  I also want to file for a protective order against him.  I want to, and can afford to, keep the house so that the children have some stability during what I think will be a battle over everything.  

Will filing for divorce and the protective order be enough to keep him out of the house?  Can I pack his stuff and sit it in the garage so he doesn't have to come back inside?  Will I get a temporary order for child support assigned when I file?  I don't even know where to start with all of this and I have no family or anyone to help.  Thanks for your time.

Answer
Dear April

I would see if there are any free legal clinics in your area to help you. If you get a protective order he will not be able to come to the house or harass you. You can get a temp order for custody and support, but it will require a hearing. Good luck.