Questions on Separation w/ Hubby On Run From Law


#1

Would appreciate any advice on where to even begin in getting myself free of this man with the situation what it is.

Should I try to get legal seperation with not knowing his exact location, or what can I do in the meantime while I’m waiting the year and day for divorce.


#2

You are legally separated the day that he left the home. Your one year one day clock started on that day. I would say that you already have custody and if you are unable to locate him for a signature on the agreement then there will be no child support or visitations. I’m not sure exactly how to handle getting his name off the deed for the land, some of the others may know that, or call the same attorney that handled it to start with. Equitable distribution of marital property, child custody, and child support are separate matters to the courts. You can file for custody and child support, if you can’t provide them with an addres it may be difficult to get, but you should at least be granted “sole” custody so that any visitations would need your approval. You may also be able to file for equitable distribution stating that upon absolute divorce the land will transfer to your name only. He would have 30 days to answer a ED claim and if there is no counterclaim on ED after that time, then I believe it would be considered valid by courts. You really should consult an attorney. There are programs out there for people who can not afford an attorney, maybe a referral service on this home site?
In the mean time, get everything in your life and your children’s lives separated from your marriage. Bills, accounts, and make sure the children’s school knows of the “situation” in case. Get your daughters in to talk with someone right away and work on “moving on” with your lives. The divorce will take care of itself. After one year and one day of the day he left your home, you can file for absolute divorce with the court, 30-45 days later that will be granted.
I think there are “divorce kits” you can buy at some places with the forms to fill out, but I would think consulting with an attorney on some of these questions would be in your best interest.


#3

Well, he is in police custody now, so that should make things a bit simpler, at least I know where to send the papers.

Thanks for your assistance.


#4

On Nov. 30th I’d found out that my husband had molested my 2 daughters (his step-daughters). I immediately threw him out of the home and notified the law. At this point he has left the state on the run, I have done some digging and I know the town and state that he is in at this point but not exact address and do not feel that he will be staying there for long (if he hasn’t already moved again).

How does not really knowing his whereabouts affect me in the pursuit of getting a legal seperation??

We have one child together and although from seeing how he’s done with his past children (abandoned, signed over rights), I do want to put into seperation that the child is to stay with me and he is to have no visitation (because of his crimes), is this also going to be affected by him being on the run??

And lastly, about this time last year my father transferred the land we lived on (I & children continue to live on) to us, my father’s original intention was to transfer it into my name only but when we had the papers drawn up to have the deed transferred the attorney’s office that did them said it had to be in both our names since we were married, so the land deed is in both of our names. How should I proceed with getting this taken care of to where it will be transferred to solely my name?? And would this also be a problem with him on the run from the law??

I’ve been reading on seperation aggreements and division of property, etc. And although I feel that he wouldn’t have any issues with signing over the property and the child, I’m wondering if I even can file the seperation because everything says it has to have his signature, well I don’t know how I would get his signature because he’s certainly hasn’t and not ever going to straight out tell me where he is because he knows I’d notify the investigators on the case he’s running from.

How should I proceed?? What can I do to make sure that me and the children are protected from him trying to do anything with the property or the child that is his??

***And please note that I can not afford an attorney at this time, so any advice you could give me is very much appreciated. I just don’t know where to begin with the situation what it is. Thank you.