My husband announced in Spring that he was going to move out “when everything was set”. We weren’t having any problems that I knew of, but he refused to go for counselling or change his mind. He moved out with 1 day notice in Sept into an apt with his ex from 22 yrs earlier who he had reconnected w/ on Facebook. We have yet to file bankruptcy for his failed business ( I had to cosign a loan so I’m incl),and there was no sep agreement in place so everything wasn’t set. Basically he abandonned me and is breaking the law by living w/ her. Also the bankruptcy lawyer said we have to file before we can legally separate, so we’re sitting in limbo. What should I do?
If the bankruptcy attorney told you that you will need to file before you separate, then you have already missed that. You were separated when your husband left the residence in September. You should consult with that attorney again now to see what your best options are at this point. From a family law perspective, you should consult with a family law attorney to create a plan of action for your case. It may be that you can still reach a separation agreement, but if not, then you need to make sure your rights are protected. You may need to file for equitable distribution (distributes both marital debts and assets), alimony and post-separation support (if you were a dependent spouse and he has the ability to pay), plus child support and child custody, if you have children.