Q:

What are my rights if my husband leaves me?

A:

One spouse has various legal rights if the other leaves, including a case for divorce, financial support and the right to sue, according to Divorce Source and Cindy Chung for LegalZoom. These rights rest on "abandonment" as legal grounds against the spouse who left.

With abandonment, one spouse leaves without the other's consent, explains Divorce Source. This distinction is important because abandonment is grounds for divorce compared to a trial separation in which both spouses agree to separate. The abandoned spouse has the right to file for divorce.

In addition to the right to divorce, the abandoned spouse has the right to receive financial support or spousal maintenance, notes Chung. Depending on state laws, financial support can be short-term during the divorce case or long-term for years after the divorce. This is especially pertinent if the spouse who left provided the primary source of income.

Moreover, the spouse can file a civil complaint against the other for significantly reducing the spouse's ability to support herself financially. The punishment could be imprisonment or a fine depending on the severity of state laws. The abandoned spouse can also sue a third party if the other committed adultery with the third party. This right rests under the legal grounds of "emotional distress," according to Chung.

Learn More

Related Questions

  • Q:

    What are dower rights in Michigan?

    A:

    In the state of Michigan, the right of dower assigns a married woman one-third ownership rights to any property purchased by the husband. Dower rights are claimed after a husband dies. The widow is entitled to a portion of the property assets for the rest of her life.

    Full Answer >
    Filed Under:
  • Q:

    What is a case management conference for a divorce?

    A:

    A case management conference is a meeting between both parties and their legal representatives during which they discuss how to proceed with the case, according to the Judicial Branch of California. Case management conferences are common during civil suits, which includes divorce, and take place between 120 and 180 days after the initial filing. In some cases, the court may waive the case management conference if paperwork is filed correctly.

    Full Answer >
    Filed Under:
  • Q:

    What are three ways to find divorce records?

    A:

    Copies of records with information relating to divorce, including the original petition, are usually provided to parties involved in the case. The lawyer who filed the case, the Public Access to Court Electronic Documents system and the court clerk's office where the divorce was filed are additional places to check.

    Full Answer >
    Filed Under:
  • Q:

    Can a restraining order be removed?

    A:

    A restraining order can be removed by a judge in a court of law, according to Divorce Source. One or both parties can request that the judge either modify or dissolve the legal injunction. It is up to the judge to determine if lifting the order is in the best interests of the parties concerned.

    Full Answer >
    Filed Under:

Explore