Time frame


#1

Would it classify as abandonment if;

  1. We agreed to end the marriage.
  2. She has moved into a rental unit and left me with all the other mortgage debts.
  3. She removed the home based business computors that I did not agree to being moved yet. (this is our only real asset)
  4. She has left me in a financially burdened position.

How long should I or can I go without filing for anything that puts action against her. We can not come to an agreement on divsion of property and debts.
Should I just try to negotiate more with her, or go ahead and file for post separation support, abandonment, alimony and attorney fees.
I can not pay all the bills she left me with and or pay for an attorney.

Thank you


#2

There is no “charge” of abandonment, though this term is frequently thrown around by lawyers as a scare tactic However that does not mean that you are not entitled to relief.

I suggest you file an action for Equitable Distribution, and include a motion for interim allocation of property to distribute some of the debt she has left you with.

If you are the dependant spouse (earn less than her and are actually and substantially dependant on her income) you should include a claim for post-separation support and alimony. You may also be entitled to have her pay your attorney’s fees.