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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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My husband of 10 years as abandoned me for a 20 ...

Resolved Question:

My husband of 10 years as abandoned me for a 20 something woman that he works with. He has closed our joint accounts, barred me from our home to have her there. They are leaving today for an extended vacation in Florida leaving the care of our dogs with his mentally challanged sister whom I have cared for during the marriage. This affair has been going on for some time and he drove me from our home. Now he is spending money like water to take her on trips and a multitude of other things. Do I have any recourse since he has left the state?
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.

Hello,

It sounds like he is getting off easy here. He has his cake and is enjoying the heck out of it at your expense. If you are ready to end this then I would suggest getting into contact with a family lawyer in your area to begin a legal separation and divorce. Based on what you have told me you would be entitled to at the least 50% of the marital assets, child support (If there are any children) and possibly spousal support.

You have the right to petition for spousal support. In the end the judge will decide if you are entitled. As for how long the marriage must be there is no set time but generally the courts tend to accept support requests when the couple have been married at least 10 years. Though circumstances can make this amount of time much shorter. There is no calculator or amount that is guaranteed or a set amount. The judge will look at the facts of the case and make a award based on the following information.

You may be awarded alimony if it is determined that the party seeking spousal support is:

Unable to support him or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment outside the home; and

Lacks sufficient resources, including any marital property, to provide for his or her reasonable needs; or is otherwise without sufficient income.

In determining the amount and duration of alimony or spousal support, the Court will consider: The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment; the standard of living established during the marriage; the duration of the marriage; the age of the spouses; the physical and emotional conditions of the spouses.

The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;

The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; the tax consequences to each spouse; and any custodial and child support responsibilities.

If the spouse is entitled to support the judge will then determine how much based on what he thinks is reasonable unless the parties can come to a agreement together.

Depending on your income and debts he may still be liable to pay some of the debts and bills in the home as well as the child support and possible alimony.

I wish you the best,

Walter

Customer: replied 8 years ago.
Reply to Walter's Post: I realize that I have the right to support, but my question was has he leagly abanded me and our home and pets. What can I do about that?
Expert:  Walter replied 8 years ago.

Hello,

When you file for divorce you can file on grounds of abandonment but that is all you can really do to him. You can not charge him criminally or anything such as that.

Walter

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