My husband left 3 days ago. Now saying he wants a divorce. He has not seen our 2 month old son since he left and hasn't made an attempt to because "he doesn't want to deal with me" I have to call him back to back just to make him answer his phone. He says he wants a divorce so what should I do? He won't tell me when hes going to file. He just says "I don't know, whenever I feel like it". also, I don't have my ged nor do I have a job. My husband is also without a job as well. Is it possible for me to get custody considering I've been the one taking care of our son?
Unfortunately, this is typically how the initial week or so of a break up goes. Just because he hasn't come to see his son doesn't mean he doesn't want to see him, as much as it may mean he just needs a couple of days to think about things. Focus on taking care of your son, and keep communications open. Your husband may very well change his mind about the divorce. Especially if this is his/your first child. You are kind of jumping the gun about custody at this point.
The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an attorney should be taken only after careful consideration. Jeff Padgett's profile and any answers to questions given is strictly for the purpose of advertising his services.
Abandonment for the purpose of divorce must be for one year or more. It is not necessarily a physical abandonment, but an abandonment of the relationship. Theoretically, a married couple could still live under the same roof and one party could get a divorce on this ground. Personally, I have never seen a divorce granted on this ground.
I think both of you have far bigger problems than a divorce at this point. Your marriage is in a financial crisis. Work on your financial stability and you may find there is no need to divorce.
This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.
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