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My husband and I are getting a divorce and since I started recently working, he has the kids. He also has a medical condition and now his lawyer wants to sue me for abandonment.
6 ANSWERS
I'm not sure what your husband is telling you, but "abandonment" isn't a specific legal cause of action. Arizona is a no-fault state, so the cause of the divorce doesn't matter - as long as the marriage is "irretrievably broken without reasonable prospect of reconciliation," either of you can file for divorce. You indicated that he "has the kids" - if you have not made an effort to maintain a normal parental relationship with them, this may affect the outcome of the orders regarding custody and parenting time; however, if you are still maintaining this relationship, then the fact that they are living with him will not necessarily be held against you.
Answered on Nov 22nd, 2012 at 4:34 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Abandonment requires a showing that you left the children without providing your contact information and no means of support. It is hard to prove unless you have been absent for an extended period of time. It's rare given the kids are with there father too. You should consult with a family law attorney.
Answered on Nov 22nd, 2012 at 4:34 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are obviously not living in Colorado because "suing you for abandonment" means nothing in Colorado . So you need to consult an attorney of your own to find out whether your husband's lawyer is really saying anything that makes sense, if he is really saying what you think he is saying. In some states, "abandonment" may be grounds for divorce - but not a separate lawsuit.
Answered on Nov 22nd, 2012 at 4:33 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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He can claim that in the divorce, but it us unlikely to be a factor based in the facts presented. Hire an attorney to represent you in the divorce.
Answered on Nov 21st, 2012 at 8:14 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is no such thing in California.
Answered on Nov 21st, 2012 at 6:47 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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I doubt that these are the facts, many more facts would be needed to answer this question.
Answered on Nov 21st, 2012 at 6:24 AM