Saturday, May 28, 2011

Will I have to pay spousal support if my wife abandoned our family?

QUESTION: My wife went on a trip 8 weeks ago. After 3 weeks she notified my daughter she won't be back and she wants to get a divorce. Doesn’t that mean she abandoned the kids and me? Will she have any right to support or draw on my retirement wage?

MY ANSWER: What you call "abandonment" of you, the law refers to as "separation".

The fact that your wife separated from you does not affect or impair her rights to Spousal Support or her share of the Community Property.

All divorces begin with some form of separation, whether actual physical separation or separation by way of a statement to the effect that a party wants to get a divorce or that the marriage is over, or the preparation and filing of a Petition in which a spouse requests a dissolution of marriage.

If your wife has stopped seeing your minor children, you should seek the sole custody of your children, as well as Child Support.

You would best be represented in your divorce by an experienced Family Law Attorney, preferably a Certified Family Law Specialist.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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