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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29128
Experience:  29 years as a family law lawyer .
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On January 23rd, I signed a complaint on him after having the

Customer Question

On January 23rd, I signed a complaint on him after having the police at our home for 3 times that day. Originally, the police told him and myself to just stay away from eachother. No talking to touching. Which I did and he did not. My husband is in remission of throat cancer. I have been his caregiver since he was released from the nursing home snd not able to work. He has a feeding tube and trachea. We were living on his disability ss ceck which he started receiving in 1991 for bi-polar/manic depressent. Originally, because of his inability work with check with finances, the check was made out to me on his behalf. Now I find out he closed our joint checking account (direct deposit) and my name was taken off the ss check. Since I could not work because I was caregiving to him, I have no income and is it legal for him to leave me homeless and take away any of my income. I thought it was 50/50 in a marriage. I filed a restraining order on him. Don't I have any legal rights?
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question and much sympathy for your situation here. You will have to file for legal separation here. I would not advise you divorcing him becasue you would be eligible for survivor benefits if he deceases here.

A court would award you support here from his check. He can't leave you penniless but you have to file here to get support ordered. Please contact legal aid in your area to see if they will assist. They often help folks in your situation here. I wish you the best here..

Legal aid here..

http://lawyers.justia.com/firm/lake-county-bar-foundation-volunteer-lawyers-program-9240#location
Customer: replied 5 years ago.
This is fine and dandy, but what about NOW - my rent is due, utilies, etc. Also, you did not address the closing of the checking without my knowledge and with my name on it.
Expert:  RayAnswers replied 5 years ago.
Legal aid here..

http://lawyers.justia.com/firm/lake-county-bar-foundation-volunteer-lawyers-program-9240#location


I don't think he has the right to close the account. I would definitely check with the bank here and dispute it. This is reallly the only thikg you can do here until you can get a legal separation here and have a judge intervene on your behalf..
Customer: replied 5 years ago.

What are rights as an abused wife. The injuries to my head has caused confusion, losso of memory and problems in my speech. For instance, I will know the word to say like contusion and instead the word comes out in another format such as confusion. Just an example. So, this is okay for him to cause physical injuries also and I am obligated to stay this way, or wait to see if the head injury(s) remain. I had a CAT scan and there was no major damage other than what I mentioned above. There also was no bruising because he he clenched his fists and with force hit me directly under the nose.

 

Expert:  RayAnswers replied 5 years ago.
You can file aggravated assault charges on him for your injuries here. I am so sorry for what he has done to you here..

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