My husband abandoned me, quit his job and took what he wanted from our home while I was on vacation... I live on Oahu, he now lives in Maine. He is a military guard member. Do I have any specific rights?
I have attempted to discuss matters [reconcile] with my spouse, he won't speak to me. I have turned off his cell phone [my account], I have also been able to get my own USAA insurance as he blocked me from our joint account.
You have the right to file suit against him for divorce and for an equitable share of the property acquired during the Marriage, assuming there was no pre-nup. The court can also order the return of certain items that he took, such as vehicles, for your use, as well as award you use of the marital residence. The court can order the return of any of your separate property that he took. You also have the right to seek spousal support, and child support if you have children together.
With regard to the military benefits, do I have any rights? He has no income now except for his guard military pay so I doubt I could get anything from him financially, I just don't want to lose my military benefits...
How long have you been married?
I will opt out so that our military experts can provide more assistance regarding the benefits you would be entitled to.
Not long enough... not even 4 years. He has not filed for divorce, he is waiting for me to. I am also concerned about any new debt he acquires. He destroyed our credit so I am not worried about that aspect, more I am concerned because he is now in default of his child support to his ex wife.
Can you tell me is he active duty currently?
No he is not, he was Hawaii Air National Guard, now he has transferred to New Hampshire Guard I believe.
Well, if here were active duty (including the guard) the Services have specific guidelines on support for dependents. SO if he activates in the future you can request to his command her provide proper support
But if he is reserve (guard) then there are no military specific "rights" that will apply
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Thank you for your reply. I do have another question, I just received notification that he is now in default of his child support to his ex-wife. The letter was addressed to Mr and Mrs, in it was a comment about how tax returns etc., would be subject to Garnishment, but also that passports would be blocked. There was a comment about if the spouse (me) had no obligation towards the support, I could file a form that would still entitle me to my portion of the return, however, there was no mention about the passport. This is concerning because I do travel abroad. What if anything should I do to protect my passport? Although I should be ready to give up on the marriage, I am not there yet, and I like my commissary, exchange privilege which I don't want to give up either. I am a DOD Army civilian. I have considered taking this matter to my command, but as I have not given up on the marriage yet, I feel if I take all the matters to the military, I risk ending the marriage with no chance of reconciliation. He only left June 15th... and originally he just wanted to relocate. It wasn't until recently divorce has come up. Any advice would be welcome... and this really is my final question. Thank you again...
His obligation for support and his failure to pay support will not impact your passport. But it certainly can affect his.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).