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Newest Member: shatteredheart3 (61850)

User Topic: Abandonment?
♀ 39394
Member # 39394
Default  Posted: 11:31 PM, July 8th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I am strongly considering asking my WS to move out, at least for now. A friend said that if he has talked to a lawyer (which I don't think he has, but he's lied about so much, who knows) that the lawyer would advise against because that would be considered abandonment and it would be looked on unfavorably in a divorce settlement in regard to WS. Can anyone shed any light on this?

BW 51
WS 51
DD -- which time?
Married 24 yrs, 2 kids 20 and 23
Reconciling maybe?-- Nope, false alarm. He continued to lie, I asked him to leave. Plan on divorce. Divorce final 11/17/14

Posts: 75 | Registered: May 2013
♀ 38735
Member # 38735
Default  Posted: 11:34 PM, July 8th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I've heard this before too, but in AZ it doesn't work that way. My STBX moving out of the home when we separated made no difference in the divorce settlement.

BW - Me (40)
XWH -The Gnat
"Engaged" to OW, but the wedding appears to be indefinitely postponed.
M for 8 years, together for 10
1 DD (8), 1 DS (3)
Dday 3/13
Happily Divorced 9/20/13

Posts: 1270 | Registered: Mar 2013 | From: AZ
♀ 32554
Member # 32554
Default  Posted: 11:55 PM, July 8th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I kicked STBX out of the house when we separated. He's never been back. It seemed to make no difference.

Me = BS
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!

Posts: 10722 | Registered: Jun 2011 | From: USA
♀ 23890
Member # 23890
Default  Posted: 7:16 AM, July 9th (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Made no difference here - in some states "abandonment" is defined by moving out and having no contact/support for a year.

I see it advised here all the time, but I wonder if it is outdated...? In my state Temp. Support Agreements cover living situations during Separation.

"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us." Joseph Campbell...So, If fear was not a factor - what would you do?

Posts: 4432 | Registered: May 2009 | From: New England
♀ 38928
Member # 38928
Default  Posted: 7:26 AM, July 9th (Tuesday), 2013View ProfileEdit MessagePrivate MessageHomepage

^^^This is the legal definition of abandonment in my state.

So even though POS ran away in March and has not been back since, it has no bearing on the divorce process at this point.

Lord knows I threw that word in his face though, just to twist the emotional knife when I was really angry! Legally though it meant nothing.

BS - Me
Xhole - Multiple LTAs/2 OCs over 20+yrs
Kids - 2 adult DDs - DS20 Deceased
Happily divorced!

~Indifference - Because some people do not deserve your emotions.~

I edit often because my tablet is possessed!

Posts: 5099 | Registered: Apr 2013 | From: Land of Indifference
Topic Posts: 5

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