– from James E. in Oak Creek, WI

Question Details:

My wife and I have been married for going on 20 years, and we have two children. We live here in Wisconsin, where my wife is currently taking an alcohol rehabilitation class. She still drinks everyday, she gets verbally abusive, and has had several affairs. There has been no working order to our family for several years. It is often chaotic, and I need this divorce. I work a full-time job, long hours, and a part-time job on the side. My question is, what are my chances of getting custody of my children, and not having to pay spousal support?

Family Law Attorney Response:

This question cannot be easily answered. From what you have said, yes, there is a chance you could get child custody. As far as maintenance or spousal support goes the equation is more straight forward and avoiding orders after being married for 20 years will be hard.

Learn more about modifying child custody.

However, there are many variables in this process. The courts will look at this case from many different angles when considering what is best for the children. For one thing, a case can be made that you work two jobs, and long hours as you said, and you wouldn't be able to spend enough time at home with the children. Who would care for them while you are at work?

My advice would be to contact an experienced family law attorney right away to begin discussing the finer points. You should also begin taking inventory of all jointly and individually owned assets, income, and property. Taking these steps now will help you to remain organized, prepared, and ready for the process that lies ahead.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image