California Alimony

What is the name of your state? CA and TX

What are my chances of getting spousal support if my husband moved from our residence w/o my knowledge while I was with my ill hospitalized mother in Tx? We have a short marriage of 6 yrs, 2 of which we have lived apart....I'm in Texas. He also cut me off from access to any monies while I was with my mother. I worked throughout the marriage. Should I let him file in CA (which he's in the process but nothing's been filed yet), or should I file here in Tx where abandonment is a legitimate ground for divorce?

I need to proceed quickly so any help will be appreciated.

[I AM ALWAYS LIABLE]

Originally posted by stargazer5050
What is the name of your state? CA and TX

What are my chances of getting spousal support if my husband moved from our residence w/o my knowledge while I was with my ill hospitalized mother in Tx? We have a short marriage of 6 yrs, 2 of which we have lived apart....I'm in Texas. He also cut me off from access to any monies while I was with my mother. I worked throughout the marriage. Should I let him file in CA (which he's in the process but nothing's been filed yet), or should I file here in Tx where abandonment is a legitimate ground for divorce?

I need to proceed quickly so any help will be appreciated.

My response:

You have a "short term" marriage. You may, depending upon your current income, at best, obtain a one time payment of a couple thousand - - but that's being liberal. Worst case, depending on all the facts, the odds are that the court will not award any spousal support.

You cannot claim abandonment in Texas, because the "abandonment" didn't occur in Texas; rather, in California. However, as you know, California is a no-fault State, so abandonment isn't even a ground for dissolution of marriage.

IAAL

Thanks for your reply albiet disappointing! My husband and I DID attempt to reconcile at one point. During this brief reconciliation, he told me his atty informed him he should not have moved from the residence while I was in TX with my mother and that he would have to pay support more than likely. As I had no choice but to move here to Texas and have resided in Tx long enough to file for a Tx divorce, even if the abandonment occurred in CA, I don't understand why abandonment cannot be used as grounds? Are grounds for divorce state specific?

Thanks for your advice.

Most states are no fault these days. In CA there's only "no fault", either irreconciable differences or incurable insanity. In TX there's "fault grounds".

Sources:
[url]www.divorcenet.com[/url] and [url]www.divorcesource.com[/url]

*IF* he abandoned you in TX, you could file a "fault" divorce based on abandonment.

TX Residency requirements:
"Residence:

One of the parties must have resided in Texas for six months and must have resided for 90 days in the county prior to the filing of the complaint.

There is a sixty-day waiting period between filing for and granting of divorce."

Good luck.

Did you say YOU went to TX. to tend to your sick mother, 2 years ago??

?? I must be missing something, because it would seem you moved out of CA. and left. I think that the fact you have been gone 2 years (only married 4), you most likely have no chance of getting anything from him.

Get on with the divorce and start a new life, but it has been two years and you have taken care of yourself and your mom that long, the courts would not help you with this.

Lyndd:

Thanks for your reply and advice. I had no choice but to help my mother. She was in the hospital ill, in ICU for 20 days. Originally it was a simple surgery that went very very badly. Originally I was only to stay 3 weeks. My husband moved during this period, w/drew all monies, forged my signature to refinance papers creating $8K community debt, cut off my utilities and transferred to his new home, etc, etc, all after telling me to stay as long as I thot I needed to help. My father also had a heart attack during this same period and was hospitalized in the same hospital...him on 1 floor....mother on another....NO.....I wasn't the one to leave. I was only to be gone a couple of weeks.

Yes, everyone wants to get on with their lives, and I keep seeing the same comments on this board: "get a divorce, get on with it, don't get even, get a life". That's not what most spouses that have been thru this are after**************one of the reasons our legal system is so clogged up is because these sociopathic offenders / spouses (men and women both) keep doing this over and over because they KNOW they can get away with it... usually their spouses are so tired of the ride, they don't fight for their rights or they simply don't have the resources or finances to fight. It didn't used to be that way.....now all it's about is who can outlast the other moneywise and whose atty is the quickest! The courts don't care.

No, I for one, think it's time these spouses are made accountable for their destructive actions. I remained married these past 2 yrs, listening to him want to come back, then not want to come back, mainly to keep my medical/Rx/dental/vision insurance coverage because my mother has been a fulltime job-I'm a CMA. Medicare would only pay for a once a week what I call "drive by" nursing care. My mother could not be left alone as she was wheel-chair ridden, ergo I couldn't leave her to work.

I don't feel I did anything other that what a normal person would do for their parents and you expect your spouse to stand beside you and support you during trying times.....not move and leave a path of destruction.

NO......I'm not out for revenge......I want what is rightfully mine and want to get back premarriage personal items/boxes and my share of community property....and yes......alimony. Maybe if we hit these spouses where it hurts, they wouldn't continue to do the same thing over and over and over. No......I'll fight for my rights with whatever tools I have for as long as it takes to keep him from destroying another person's life and get my fair share. Let the offender struggle and reap the reprecussions of his/her actions.....and make appropriate payment so the other spouse CAN successfully get on with his/her life and stay out of the Welfare system.

Thanks for your comments. This Board does have lots of good information. Thanks to all the professionals out there for your help.

[I AM ALWAYS LIABLE]

My response:

Reread my initial response to you. More than likely, you won't get Spousal Support. At best, I believe, you'll only obtain a small, one-time payment. Your marriage was too short-lived to get anything more.

IAAL

Thanks for driving it home.....it was very short-lived and I'd be satisfied with a one-time payment and get it over with. Thanks for the advice of everyone on this board that has responded.

IAAL.....you've helped a lot of people on this board. I've read your responses which are very professional, to the point and informative....in layman terms. Thanks again and wish me luck.

Thanks for the referral to the sites....I will utilize them. Thanks for taking the time to give advice. It's greatly appreciated.