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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Husband abandoned wife and family of three kids

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What are my right's when your husband abandoned us and family of three with 9 months on mortgage due and has already sign a lease for and living in, has total control over finances?

Let me clarify the situation please.

As I understand it, you and your husband have one child and he left you. When he left you, you were nine months overdue on the mortgage.

Your husband has signed a lease for his own apartment and has moved in there. You have no access to his accounts.

Is that an accurate assessment of your situation?

If so, can you please answer the following questions:

1) What state are you in?
2) What is your husband's income?
3) What is your income?
4) What are your goals?

Once I get answers to these questions, I will try to help you.
Customer: replied 7 years ago.

1. Georgia


3.0 % homemaker for 18 years

4. trying to get my thinking cap on HS Dip. fast food ,babysitting...

5. three (3) Children ages 11, 15,17

6. he is under a request for a business that bellied up with the IRS and has ignored there request !!Yes i'm scared..

When I asked what your goals were, I really meant legally. Do you want to file for divorce? Are you concerned about child custody or visitation? What are your financial goals related to the separation? In other words, what kinds of questions would you like me to answer?
Customer: replied 7 years ago.

I'm been abandoned I'm asking what is my next step ? filing for abandonment? Divorce? Plus were in a put off bankruptcy that he has stalled on for 2 years

OK, you can file for divorce. Doing so would give you the opportunity to request orders for child custody, child support, property division, payment of debts and alimony.

You can either file a "No Fault" divorce or a "Fault" Divorce. A "No Fault" divorce is easier for you to file because you do not have to prove anything, except that you want a divorce. A "Fault" divorce will only be granted if you can prove one of the following:

  1. You discovered that you and your spouse are blood relatives
  2. You were not mentally sane at the time of the marriage;
  3. Your husband was Impotent at the time of the marriage;
  4. The other party forced you into the marriage by force, menace, duress, or fraud
  5. Your husband committed adultery after the marriage
  6. Your husband has willfully and continuously deserted you for at least one year;
  7. Your husband was convicted of an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
  8. Your husband is habitually intoxicated or addicted to drugs
  9. Your husband engaged in cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (11) Incurable mental illness.
Although you might want to accuse your husband of abandonment, you would not be able to file for divorce until he had abandoned you for twelve months.

Filing for divorce now could benefit you. As I previously stated, you could request child support and alimony. Without knowing your husband's income, it is impossible to determine how much child support he would have to pay or whether or not he would have to pay alimony.

Any spouse may be awarded alimony as long as he or she is not guilty of desertion or adultery. These other factors are also considered when the parties are not able to agree on an amount; 1. the participation each party had to the marital estate; 2. the duration of the marriage; 3. the future earning capacity and financial resources of each party; 4. the age and medical condition of each party; 5. the future earning capacity of each party; 6. the value of each party’s separate property; 7. the standard of living sustained during the marriage; 8. rehabilitative time one party may need to gain employment. So if your husband had been supporting you and he has the ability to pay, you might be entitled to alimony.

Property division is slightly more complex. Georgia is an equitable division state which means that the court can divide all marital assets equally. I do not know what marital assets you have. It would include money in the bank and real estate at the time of separation. However, if you lose your house to foreclosure and do not receive a deficiency payment from the bank, there may be no home to divide by the time your property is divided. If you are nine months behind in your mortgage, it is highly unlikely that any court orders could remedy this situation. Even if your husband were ordered to pay the current mortgage, you are already so far behind that it probably would not bring you out of jeopardy of losing the house. Unless you can get the money to pay the arrears in full, you are at great risk of losing your home. For more information on foreclosure, however, you should consult a real estate attorney.

For assistance with a divorce, you can contact legal aid in Georgia. The web site I am posting here has both legal information that may be helpful and a directory of free legal assistance agencies in Georgia. If they cannot help you, they may be able to direct you to an agency that can:

Or, you can access the self-help materials on that web page.

I hope this gives you a starting point. Please feel free to ask any follow up questions.
S. Kincaid and other Family Law Specialists are ready to help you