Divorce is looming- husband has stopped depositing his paycheck to family account. 2 children- one handicapped, can he do this?

Asked about 1 year ago - Long Beach, CA

Husband still lives in home- does not help or participate in family events- lives in guest room- lives like a single man- is ABUSIVE verbally to the wife. She can't leave because the home is designed for handicapped child- home is under water with mortgage- what a mess. I feel she is in danger- but she won't leave.

Additional information

They have filed twice- but he talked his way back- so as it stands now- nothing officially filed yet. Without his income she is paying all the bills, he's living large, not participating in family life or paying his share of finances. She works full time but makes much less than he does- she could not afford to live in the home on her income. I've encouraged her to file and get going- as I KNOW he is dangerous and is clear danger to her and the kids- she doesn't see this. thanks for any advice you might have. I have also given her local resources for abused women shelters- she hasn't gone-

Attorney answers (3)

  1. Patricia Frances Barberis

    Contributor Level 9

    1

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    Answered . I agree with your advise to the wife. The wife should file for a dissolution or legal separation. It may be easier for the wife to file for a legal separation action, if she is not emotionally ready to file for a dissolution. Through a legal separation or dissolution the wife can seek both temporary and permanent custody and support orders, as well as a protective order if the husband continues his abuse. In addition, the assets of the parties will be divided in a legal separation or dissolution. Because of the special needs of the child I recommend the wife seek a consultation with a family law lawyer. I hope this helps.

  2. Reid A Seino

    Contributor Level 15

    3

    Lawyers agree

    Answered . When you say "divorce is looming", does that mean that a divorce action is started in the courts at this moment? There is a difference between something actually being filed and something that is being contemplated but nothing has yet been done. At the moment, the husband is able to do that and more, if nothing has been filed, because he is under no obligation to maintain payments. The wife should get in with an attorney in her area as soon as she can to get things started. Once a divorce action is filed, the court may put in temporary orders that prevent him from avoiding making payments and to maintain current financial arrangements (i.e. paying for insurance, etc.)

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in... more
  3. Tobie Brina Waxman

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If she wants support, she needs to get a court order. If she wants protection, custody orders, support orders, etc., she has to actually file for divorce and file concurrently a Request for Order and get a hearing date. Otherwise, at this point, either parent can do as he or she pleases. There is no court order requiring husband to continue to deposit money into the family account and no court order otherwise legally obligating him to support anyone except himself [moral obligation aside].

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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