Can you file for Post Seperation Support without filing


#1

Can you file for post serperation support without filing for divorce from bed and board?

I have been with my husband 10 years married for 6 with 7 year old in common. The last 2 years have been hell with him packing up and just walking out. I have filed for divorce 2 years ago but reconcilled and since then we are on our 9th time of him just packing up and walking out. 2 weeks ago he packed his belongings and walked out without a phone call or a note. I came home and his belongings were gone and closet empty.

He has not bothered to call and say why and I have bothered to ask why (I am tired of the irresponsibility from him) I have filed childsupport and I am working on coming up with the money to retain a lawyer. But in the mean time he has stopped depositing any money but get’s the bills from the mailbox daily before I do and I believe he is paying the basics like lights and water and that’s it.

I have studied law for 2 years and think that this maybe grounds for abandonment but just not sure what criteria has to be met and if emergency spousal support can be filed without filing for a divorce. (reasoning for not filing divorce from bed & board is I believe with the time on my side I can prove adultry)

I also have another issue of that when we married I had a home and we moved the home to what use to be his fathers land and last the land was deeded to him while we were married (7 acres). Now the only debt on the property is approximatly 50K but worth about 160k; so with that being said I am looking for leverage on this during the equitable distribution but do not know what my legal grounds for him to by me out on this would be since I sold my land and moved my home (it’s a 2100 sq ft modular on a permanet foundation) because the intention of course was to marry and stay together forever!

Someone please help so I can understand what I need to be focusing on…

To sum up my 3 questions ~

Can you file for Emergency Spousal support without filing for divorce from bed & board?
Do I have grounds for alimony due to the emotional trauma of abondonment for 9 times?
Can the land and home be looked upon as a martial home since he helped pay for it for 10 years and we moved the home with intention of paying it off together?


#2

Yes an action for support may be maintained without an action for divorce, or divorce from bed and board.

You may seek support and allege abandonment in support of that claim. An action for post-separation support and alimony is the proper action to initiate.

If you are the dependant spouse and are actually and substantial dependant on his income you have a valid claim for support, the emotional abuse and indignities you have suffered only act to bolster that claim.

If he inherited or was given the land, it is his separate property, however you do have a martial interest in the form of any active appreciation (reduction in debt owed, home improvements, ect.)