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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27258
Experience:  Attorney with experience in family law.
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I am an Army spouse and my husband has recently been

Customer Question

I am an Army spouse and my husband has recently been creating a financial strife within our family. I live in MS with our son and he in GA. He's been there since this past Sept. Our son has a array of disabilities such as autism, adhd, anxiety, ocd, and sleep disorders. Since he's been stationed at Ft. Gordon, he has consistently overdraftig the bank account we use, and in his words, "wouldn't be doing it if we were there." This past month he opened a new bank account that I have no access to and has deposited his entire paycheck there, effectively cutting me off from the major income that covers our bills.
Now, I do work, part time because our son is 5 and has multiple therapy appointments a week, and his income does not cover my housing or utility bills. He got on-base housing after I told him not to because I knew my son and I would not be moving-it would have been too hard on him and his anxiety, which is already severe, would have been 100 times worse. So because he did that, we don't receive his BAH, either. And the only asset we have is a vehicle that I have maintained for the past two years, but the payments came out of his check.
I'm out of options and seriously considering a divorce. He isn't a help for anything concerning our household finances or our child (even signed his custodial rights over when he joined the Army), and now with his removal of finances, I am at a loss. Do I have a legal standing here?
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
I might add that this past month he has overdrafted our account in the amount of $600-because he wants us to move.If I were to divorce, what would my custody options be? He's had little to do with my son since he was born, and even less now. I really don't trust him enough for him to take off with him.
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to file for a no-fault divorce on the grounds of irreconcilable differences, if your husband will agree. If he doesn't agree, then you would have to establish fault-based grounds to get a divorce - and those are desertion, impotence, adultery, insanity requiring hospitalization, or habitual drug/alcohol abuse or cruelty. Do you think any of those might apply? Or you can try to talk him into agreeing to the divorce. Being transferred away by the military won't count as desertion unless he fails to contact you or give you any money for at least a year.

Because your husband is in the military and likely to move, and because you've been the sole caregiver for the past several months, there is a good chance that you would be given primary custody and he would be given visitation. If you can establish reason to believe that he'd take off with your son even after there's a court order, you can request supervised visits. But taking your son over state lines while there's a court order a crime which would have serious implications to his military career. Think about whether that would be enough to keep him from doing it.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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