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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18380
Experience:  B.A.; M.B.A.; J.D.
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I have been married to my husband months and we were

Customer Question

Hi there,
I have been married to my husband for 9 months and we were together engaged for a little over 2 years before that. We have an 11 month old daughter whom he is claiming is not his and says he even has done a DNA test to prove this. He is on the birth certificate, and after leaving when she was 2 weeks old for another woman and making these claims over a year ago with the DNA test, he came back and married me, promising to be a father to her regardless.
One month ago he up and left us again, saying that he was not in love with me and that he doesn't care about her. When he left abruptly, he said he would stop making payments on the car I drive, and it is in his name. He said he was going to file for divorce and make sure "I don't get a dime out of him". I am not trying to get money out of him, I mainly just want the title to the vehicle he got me and my belongings back. I have not heard from him now for over a month. His family won't respond to me either. I have already dropped all of his belongings off at his house, and have tried to reach him a few times regarding these things. The car I'm driving also has not been tagged because it was relatively new. So now the temporary tag is expired. I'm not sure if he will be ticketed or if I will if I'm pulled over for the expired tag, because the car is in his name? Will I have to hire an attorney to fight him just to get my belongings back and the car title (he has his own car. I just need the info so I can make payments for this one and it's already behind payments a month now since he left) ? What do I need to do going forward to sort this out? Should I just file for divorce myself? I'm really lost as to what to do in this situation because he nor his family will communicate with me. Everything has just been left completely up in the air.
Also, I should mention that he has bipolar disorder and is unmedicated. He has left me numerous times over the years and later claimed he was going through a depression or mania, but would not respond to me during those times either. In the past, he would have finally responded to something after a month. He had said when he left that he was going to block my phone number so I am assuming I am still blocked. I know where he works but really didn't want to have to go up there and track him down or face him over this when we could just be adults and communicate. His mother also works at the same place as him, and all of them there are very close. It would be extremely uncomfortable for me. What can I do in this matter moving forward if he refuses to communicate with me about anything? I really need to tag the car and make payments before it gets repossessed and I need that car to get me and my 11 month old from A to B... I also need my belongings back, some are of value to me and cost me money I can't afford to replace right now. He was the provider, although I worked a part time job at a bakery for 6 months out of our marriage. When he left, my parents had to step in and financially help with me and the baby. I am looking for work now to get back on my feet, but this has put me in a horrible emotional state on top of financial. He wasn't rich, but he was in welding school so he could make better money soon and he did that for our family. He loved us very much, this is all so bizarre. He made decent money currently, but was always a bit selfish with it. I just feel so abandoned and betrayed by him. We were the best of friends, despite his issues from time to time. I am really hurt and shocked that still he has zero desire to talk to me and would just leave me in this bad situation without a single care for me or our baby... Thanks!
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I am sorry to read about your difficulties.
Regrettably, your only choice at this time is to file for dissolution of your marriage and file Temporary Motions for sole custody of the child, child support, spousal support, return of your personal belongings and for Order from the Court to force him to provide necessary information to you so that you can register the car in your name and get insurance for the car. Because you are caring for the child of the marriage, you have a very good chance of getting an Order from the Court regarding these matters.
Regardless of his claim that the child is not his, until he has filed formal complaint with the Court for paternity test and to rescind his acknowledgement of paternity and more importantly until the Court-ordered DNA test shows that he is not the father and the Court grants his request to rescind his acknowledgement of paternity, he has legal obligation to support the child.
Because of the issues involved here, it is prudent to retain a local divorce Attorney to assist you. Even if you do not have money to retain the Attorney, you may be able to get the Court to order him to pay for your Attorney's fees. You can use the following sites to find local divorce Attorneys:
http://www.lawyers.com
http://www.justia.com
http://www.findlaw.com
If you are not able to find an Attorney, then you can file the papers yourself. You can obtain the divorce forms and instructions at your local Courthouse in the Clerk's office. Click on the link below for more information on the divorce process:
http://www.oklahomacounty.org/courtclerk/Divorce.aspx
http://oklaw.org/search?q=divorce