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Asker
Posted about 2 years ago.

So a woman can leave a man and give him no notice of this and then want spousal support? She had lost her job and i paid a great deal of the bills to include the Mort. She moved out of the house into another home and then filed. I found documentation of her putting in for a loan with another Mort company. Desertion is not a factor in this situation? She moved and everything was put on me to take care of.

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Asker
Posted about 2 years ago.

From the date she filed i was not allowed nor was i able to contact her or my children. So how is it that i am hit with over $5,000 in back child and spousal support when i was not the one who 1. Broke up the home and 2. Would not communicate. I am just asking.

Jennifer E Mandell
Jennifer E Mandell, Family Law Attorney
Posted about 2 years ago.

If she did not have a job or other income, then it is likely that the court would award her at least temporary support for herself and the children. As far as temporary orders are concerned, the court does not delve into the facts of the case (such as whether the spouse from whom support is being sought has grounds for divorce against the spouse seeking support). However, yes, you could have filed a cross-complaint for divorce (and raised in your answer) that your spouse had committed the marital fault ground of abandonment and put on evidence of that fact (as well as positive monetary contributions that you made to marriage, etc.) at the final hearing on divorce, E.D., and support. It should be noted, however, that there are defenses to abandonment, such as where the other spouse has created an intolerable living environment (see below).

The only reason that I can think of that would explain why a judge would enter a No Contact order that applied to both your spouse and the children would be if the judge found credible evidence of domestic violence, sexual abuse, or a reasonable apprehension of bodily harm to spouse and children. If the judge made this type of finding, then it would also explain why the judge would not have found that your spouse was guilty of marital fault by living the marriage without your knowledge or consent and gave her custody of the children without providing you with at least reasonable visitation. If no evidence of this nature was presented to the court at any stage of the proceedings, then I have no answer to your questions and would agree that it sounds like an unreasonable outcome of the case.

So, if the case is not yet over, then I would strongly urge you to hire your own attorney to defend your cause immediately (call 1-800-552-7977 for a consultation with an attorney that handles divorce cases in your geographic area -- as I do NOT). If the case has already concluded and it has been less than 30 days since entry of the final order by the trial court, then you may want to consider filing an appeal to the Court of Appeals of Virginia. I would strongly recommend that you hire an attorney to handle any appeal, as well -- the Court of Appeals is a stickler for proper format and briefing and if a brief by a pro se party is not correct, they won't even bother to hear your case.

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Asker
Posted about 2 years ago.

I thank you for the information... I forgot to add that yes she did make me look like i was a danger to her by talking one of my twin boys into saying i hit him in which after the investigation it was unfounded and i have the documentation now in which during the case it was not finish and also MY LAWYER AT THE TIME FORGOT ALL THE EMAILS THAT I SAVED TO SHOW THAT I ASKED OVER AND OVER AGAIN TO SEE MY KIDS IN WHICH SHE SAID WAS A THREAT. SO I HAVE TO GET BACK INTO COURT AND SHOW THE DOCUMENTATION.