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single1980 · Mar 15, 2015, 05:41 PM

My husband of 1 1/2 years left and moved out of state. I am now 6mo. Pregnant with our child. Can I file divorce and abandonment? He sends nothing left me with a large amount of bills!!

Fr_Chuck · Mar 15, 2015, 06:25 PM

Not sure where this myth about filing abandonment comes from, it is a legal term, often used in divorce and child support paper work, to justify the divorce.

You will have to check where you live, In many places you can not file for divorce until after the child is born, But that will vary by location.

But you see if you can file for divorce, if there is any property you may want to file a separation now, IF you have any joint bank accounts or credit cards, you may also want to consider canceling them, so he does not run up more debt, that they may try to come after you with. Also if any money in the bank, in joint accounts, you stop using joint accounts, so he can not get your money going on.

If you have no money, no job, call social services and talk to a case worker about getting welfare and other help.

As for the bills, don't pay anything that is not needed. Don't even talk to debt collectors, because most will lie and even threaten (falsely) to try to get money from you.

cdad · Mar 15, 2015, 06:25 PM

You can file for divorce and when the child is born file for custody and child support.

joypulv · Mar 16, 2015, 04:39 AM

Fr_Chuck says ' In many places you can not file for divorce until after the child is born, But that will vary by location.'
I thought that only applied to a husband filing for divorce from a pregnant wife.
It doesn't seem logical to me that a pregnant wife wouldn't be able to file yet.

talaniman · Mar 16, 2015, 05:01 AM

How long has he been gone?

ScottGem · Mar 16, 2015, 05:33 AM

Yes, you can and should file immediately for divorce. But being married for only 1.5 years will probably not get you much in spousal support. Abandonment may be used as grounds for the divorce, but since most places have no fault divorce it really doesn't matter.

As soon as the child is born, you file for custody and child support.

AK lawyer · Mar 16, 2015, 06:27 AM

Originally Posted by joypulv

Fr_Chuck says ' In many places you can not file for divorce until after the child is born, But that will vary by location.'
I thought that only applied to a husband filing for divorce from a pregnant wife.
It doesn't seem logical to me that a pregnant wife wouldn't be able to file yet.

Joy, you are correct (A wife can file for divorce at any time and doesn't have to wait until a child is born); Fr Chuck is incorrect. I assume he is thinking of filing for custody in the case of out of wedlock child.

Originally Posted by ScottGem

... As soon as the child is born, you file for custody and child support.

I would file for custody and child support in the original divorce complaint, which OP should file now. Allege that OP is pregnant with a child of the marriage and that wife (OP) should be awarded custody & CS.

ScottGem · Mar 16, 2015, 07:48 AM

While I agree with AK, there may be local laws that would might prevent that, especially if the husband denies paternity.

AK lawyer · Mar 16, 2015, 08:01 AM

Originally Posted by ScottGem

While I agree with AK, there may be local laws that would might prevent that, especially if the husband denies paternity.

We don't seem to be disagreeing. I would note, however, that the husband cannot officially deny paternity until wife pleads it (i.e.: alleges it in her complaint).

I would also note that it was my practice (which other attorneys in my jurisdiction followed as well), when drafting a divorce complaint, to include a paragraph stating that the wife "... is (or is not) pregnant". Obviously, this would depend upon local practice, but would seem to be the common-sense approach, to avoid the necessity of later amendment. I grant you that courts don't always follow a common-sense approach, so OP would be best advised to seek the assistance of an attorney in her jurisdiction.