QUESTION
Is it considered abandonment if Husband left the home, after his mistress called and sent emails about their 3-year relationship?
Asked on Dec 31st, 2012 on Divorce - Colorado
More details to this question:
He seems to think because he is a police officer. He supposed to remove himself to avoid an altercation but him and the mistress are seeing each other at our other home.
7 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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We don't have abandonment in Ohio. If your husband is not paying bills as he did before or providing you funds as he did before, you need to file for divorce and obtain temporary orders. As for the affair, the only relevance that has to the divorce is if he is spending marital money on her.
Answered on Jan 09th, 2013 at 1:05 PM
The primary reason anyone is ever asked to leave the home is physical or emotional domestic violence. It may be that your husband thinks it would be better for all concerned if he left the house. You should probably talk to a family law attorney in your county to protect your rights.
Answered on Jan 09th, 2013 at 1:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is he still paying the bills, seeing the kids, etc.? If yes, then it will probably not be considered abandonment. Regardless, you should probably contact an attorney and start the ball rolling for the divorce.
Answered on Jan 09th, 2013 at 1:04 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In some states this would be called abandonment. California is a no-fault divorce state, which means you do not need a reason, nor do you have to prove any facts, in order to qualify for a divorce. It is wise to avoid conflict, especially if children are involved. I am sorry you are going through this. It seems time to consult an attorney, even if just for an hour, so that you understand your options.
Answered on Jan 09th, 2013 at 7:19 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally abandonment has to do with leaving children without care. Abandoning a spouse as such has very little meaning in our law. If he is not supporting you, you could sue for support, or for divorce.
Answered on Jan 09th, 2013 at 7:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Hire an attorney to ensure you get support and part of his pension. You don't need abandonment to file.
Answered on Jan 09th, 2013 at 7:04 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is obvious that, in fact, your husband has "abandoned" your marriage. But, that has no legal significance whatsoever in Colorado.
Answered on Jan 07th, 2013 at 1:30 PM