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Should I change my divorce cause from abandonment to insupportablity?
Anonymous6 views4 answers
My husband left the state for a job during the recession. We didn't split up, his belongings stayed behind, & his paycheck went to our joint checking account. I was covered under health insurance & was beneficiary for all insurance. Years passed & the this short term 6 month situation went to years. The last time he visited was 2010. From 2010 to 2013 he began liquidation of community property, got separate bank accounts, lied about how much he was making, stopped paying bills & only gave a partial 40% or less to rent even though he was still on the lease, by the end of 2012 kept me off the health insurance and in 2012 lied about him getting a new job. He started screaming at me & finally in 2013 stopped paying his portion of rent all together breaking the lease. That's abandonment right?
When you file for divorce you plead all possible grounds alternatively. At the first sign if him doing harm to your property rights you should have filed divorce to stop the bleeding. Please get a family law specialist ASAP.
Easy answer is hire a good family law attorney and let them decide what they want to set out in the Petition. But, based upon your facts shared with us, I would list at least insupportability and abandonment. possibly adultery. He will also want to possibly request reimbursement to the Community.
So, do not try to handle this on your own. Hire a good attorney.
You would only want to use grounds if your looking for unequal distribution of the community estate. I dont know how much is left. Sounds like he got rid of most of it. All you need is the standard insupportability. But its best to find a lawyer, put the cards on the table and get an accurate opinion.
You should hire a good lawyer that will be able to protect your interest. From the mere facts looks like you have a good case. Your lawyer should argue everything alongside with alternatives as there is a lot going on in this case. However im not quite sure why you allowed him to get away with this for so long, especially when he started getting rid of the community property.
