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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I have 3 questions sorry. 1 my wife wants a divorce as

Customer Question

Hi
I have 3 questions sorry.
1 my wife wants a divorce as she is seeing someone else. She says i have to move out as she needs to stay here with our kids. I say she can go to the new man and i can stay here with kids. Can she make me go?

2 she says she will get kids as in most divorces the mother does. Is she right?

3 the new man has emailed her pictures of their sexual activity has he broken any laws? She has also emailed them from one account to another has she broken any law?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Sorry to hear about this.

To answer your questions:

1) you have every right to live in the marital home until your divorce is finalised, she cannot make you go before that;

2) this depends on what the best interests of the child are, if the court feels that the best interests of the child are to be with the mother, then so be it, if the court feels that the best interests are to be with the father, then it will make the orders accordingly;

3) no laws have been broken as these are private matters between two consenting adults.

May I help further?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Ho wold are the children and who has had their day to day care until now?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare