“My husband kicked me and my children out of our home back last April. We are now renting a place. He has become addicted to Ice. He is becoming behind on the payments of the home and business that have my name on them, and is messing up my credit. How do I get the financial situation out of my name, (I cannot afford a divorce, the attorney wanted $1500 up front) and is there some way to force him to rehab? He refuses to seek help. Meanwhile, I wait for him to straighten up and he is ruining my credit.”

Your husband is not going to straighten up. No matter how you do it, you have to come up with the funds to retain a lawyer, and have them file for a divorce (or at least separation) right away. The act of filing for divorce is the step which will start to get your name off those debts. It may be that you need $1500 to retain a lawyer, but how much debt is your husband making you responsible for every month? I’ll bet that it adds up to a lot more than $1500.

Additionally, in the process of the custody and visitation determination by the court, if it is proved that your husband has a drug problem, the court can require him to attend rehab as a condition of his spending time with the children.

But it all starts with your filing for separation or divorce.

Good luck.

Recommended reading (click on the picture for details):
Divorce Yourself: The National Divorce Kit (Divorce Yourself (W/CD))


Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.