QUESTION

What are my leagal rights after my husband for 9 years abandoned me and our twins?

Asked on Nov 23rd, 2013 on Divorce - Florida
More details to this question:
My husband walked out on myself and our twins four months ago. He has refused to see the kids. He moved into a new place and immediately moved his women in. He cleared out all our accounts and cancelled all utilities. He cancelled mine and my children's health care. We are on welfare health insurance. My parents paying our bills. He gives the twins 100 a week each in child support. He had paid the rent for the first three months but was always late we were threatened to be evicted twice. The catch is that I was previously married. I was legally separated and legally divorced as far as I knew. I received a call from my first ex after I was re- married for a year. He told me he never submitted the divorce papers. .So we were still married. I know he did not do this to cruel. He just had forgotten to do so. He was now getting remarried so I went in a signed the divorce decree. It was finalized and I was told by his attorney that my marriage was legal as we did not remarry with intent of knowing the divorce had not been finalized. My husband now is using it an excuse to say his kids are illegitimate and we never had a marriage..We were only in a simple relationship and he owes me nothing. I want to find a way no matter how to make sure we are legally married since he is using it in a malicious way. As he wants us to starve saying he is not responsible. He is lying with a Colombian woman on a school visa. He wants to marry her and therefore she could stay in the US. He said he can do this since we are not married. He lives with this woman while she goes to school and only works two days a week and he supports her while we starve. What can I do to rectify this situation. We are going to starve. I have found a job and only make minimal salary since I was out of work for years raising our twins.
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3 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get yourself an attorney and get this straightened out ASAP.
Answered on Nov 27th, 2013 at 9:25 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Unfortunately, if you were not divorced at the time of your current marriage, your current marriage is not valid and you are not married, unless you remarried after finalizing your prior divorce. However, that does not mean that he does not have to support his children. You should file for child support with the local child support enforcement office, as it does not sound as if he is paying enough to you in child support for the children.
Answered on Nov 27th, 2013 at 11:11 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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First, the story of your first divorce doesn't make any sense, since on doesn't just "submit" divorce papers. Second, whether or not you were married is irrelevant to a parent's duty to pay child support. Even if your marriage was not legal, his name is on the birth certificate and you can get an order of support. In any case, if you're on welfare, the state will file to get child support. You don't say how old the twins are, but you can only stay on welfare so long. They do provide training etc. so make use of it because you do have to work. Your intent is not relevant with regard to whether this was a legal marriage or not. A parent can abandon children, but one can not abandon a spouse. His walking out does not require him to support you, only the children via child support. The best thing you can do is to have the marriage dissolved (get a divorce) or declared invalid, depending on whether or not you were legally married on the date of your marriage. In either case, it would entitle you to a portion of any marital assets, assuming there were any.
Answered on Nov 27th, 2013 at 11:11 AM

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