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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9414
Experience:  since 1983
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My husband and I have been married almost 2 years. He's

Customer Question

My husband and I have been married almost 2 years. He's spent the past eight months in and out of rehab, I have waited patiently taking care of the house and the dog, but I have not worked… I emotionally and mentally had my hands full! He's been living the double life, lying to me, to his mother, everyone. He is supported 100% by his wealthy mother, she provides him with everything you could imagine. He kept this secret (the fact that she supports him to this extreme) and tons more secrets from me for a long time. I knew a little, but I did not know the extent of this very spoiled, 56-yr-old man's narcissism and lies. I don't have a clue who this man is and it's devastating!
He left/ dumped me on May 31 (this is when he filed for legal separation). He has now moved out for good, left the apartment in my hands, the bills, household, dog, and the rent – which I have never had to pay before, I do not have the $$. I feel abandoned, violated, emotionally abused. He led me to think he was coming back home, but really he was having affairs, drinking, doing drugs and enjoying his time away from me.
Here is my main concern right now - after that very long story - sorry!!
He moved out, mom set him up in a great apartment right down the street, he has all brand-new things, does not have to work, enjoying the good life, does not give me a penny. Our lease is up and I have to find a place to go, and we are really only in the beginning stages of legal separation. I don't know how I'll pay for things, but he lives down the street and will not give me a penny.
Is this fair, is it legal? Can he just walk out like he never had a wife, never had a home, move on like he's a single man? He does not even acknowledge he was ever married. We have only been apart for about a month now. Can he get away with this? Isn't there something BESIDES spousal support that says it is against the law to abandon your family totally out of the blue? Are there any documents or anything that I can look at or show him for proof that he can't just do this, leave his family high and dry?
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

The answer is No, this is not legal and it violates Penal Code § 270a.

Your lawyer should be filing an order to show cause or a petition for temporary spousal support and an order shortening time. Your lawyer can file for an ex parte support order based on the facts you gave me. The forms needed to do that can be filled out quickly and should be able to be filed and served within two days. [I could do this within a few hours but I am not allowed to represent you.] Your lawyer should be motivated to do that because the support forms can be filed with a request for an order making your spouse pay your attorney's fees.

You can tell your lawyer to just do it and if he or she refuses, you can go to the DA while looking for new counsel.

I hope this information is helpful.