Abandonment

[wmssister]

What is the name of your state (only U.S. law)? Illinois

My husband (soon to be ex) and I are going through a divorce. He moved out of the house into an apartment two years ago because we were going through counseling. Obviously it did not work. He is still paying the mortgage for the home I still live in along with the other household bills. Is it considered abandonment? My attorney said we could add abandonment to the divorce proceedings but i don't understand how it is abandonment,What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois

My husband (soon to be ex) and I are going through a divorce. He moved out of the house into an apartment two years ago because we were going through counseling. Obviously it did not work. He is still paying the mortgage for the home I still live in along with the other household bills. Is it considered abandonment? My attorney said we could add abandonment to the divorce proceedings but i don't understand how it is abandonment,What is the name of your state (only U.S. law)?

Did you ask your attorney why on earth he would think that your husband abandoned you if he is still paying the bills

 

[mistoffolees]

Did you ask your attorney why on earth he would think that your husband abandoned you if he is still paying the bills

And then ask the attorney why the heck it matters. They can get a no-fault divorce on the basis of irreconcilable differences. Furthermore, since he moved out 2 years ago, they can use the 2 year separation grounds. Even if it were abandonment, it's not clear what that would add - other than turning a no-fault divorce into a contested fault divorce which would simply increase attorney's fees for everyone.

Maybe I answered my own question.