Additional information: My Husband and I lived together for 8 years before marrying in Aug 2010. We have no children and the majority of our assets (including our condo) are in his name only due to my poor credit. Now that he has asked for a divorce I have found reason to believe he is having an affair. He said he wants to bring this to a mediator, but am not sure that is the right choice for me. I want to make sure I am protected and walk away with what is fair. I have immediate questions about living arrangements, if I leave the condo does that jeopardize anything later? Can I ask him to leave? Are we both still responsible for household bills if one of us leaves? Can he take my car or report it stolen if it is in his name, but I pay for it? Should I consider hiring a Private Investigator to prove the affair?

Answer:

These are very specific questions that should be handled one to one with an experienced family law attorney in your area. You can make sure that your rights are protected and still consider the process of mediation. Mediation would allow you to address your concerns for financial stability and security. Please note that nothing is final in mediation until the final agreement is signed so there is ample time to consult with and get advice and review from an attorney acting on your behalf. Generally, all assets of a marriage are considered marital regardless of whose name they are actually in. The issue of an affair is often more an emotional issue rather than a factor that would make a financial difference in the outcome of a divorce. To get into a fault based divorce process is often highly contentious and financially costly. Although it seems very raw right now, eventually communication about these issues may very likely bring out the truth about why your marriage is ending.