Abandonment


#1

My spouse is a police officer. I overheard his telephone conversation with his mistress. Instead of talking or trying to reconcile, he immediately packed his things and left. He returned to the home several days later but the marriage was definitely not the same. He later told me that he did not want to be married to me anymore and out of anger I asked him to leave. He had never unpacked so it took him less than thirty minutes to get the rest of his things and leave. He has been out of the home now for over two months. He has been telling everyone that the marriage is over because he is tired of me putting him out. He has been paying the majority of the bills but since have threatened to stop paying them. We have four children together and he told me that he will only pay $700/mo. Do I have grounds for abandonment? Also, do abandonment laws apply to the house and other property or do he still have rights to it?


#2

Abandonment is not a cause of action, but can be a factor considered in other actions.
You need to file a claim for Child Custody, Child Support, Equitable Distribution, and if you are the dependant spouse, Alimony, Post Separation Support, and Attorney’s fees.

With respect to the house, your husband still has an ownership interest in the home, but since he has moved out, he no longer has the right to come and go as he pleases.


#3

Thank you for your response. Where do I go to file a claim for child custody, child support, equitable distribution, alimony, post separation support, and attorney fees?


#4

The district court in your county.