Abandonment Question

[Larry7626]

What is the name of your state? Fl
Since I caught my wife cheating she has moved out of the house and has rarely contacted or seen our children which I have been fully responsible for in the last month.
Under what circumstances does the court acknowledge abandonment?

[fairisfair]

"rare" contact is not abandonment. Why has she not seen the children?

[panther10758]

Is FL a no fault divorce state? If not just file for simple divorce and have her served. Then seek full custody of children and child support. Document all contact she has with children and any (if any) monies she gives to help support them.

[insanesmooch]

Unless it has changed or is different in each state, abandonment can only be claimed after 2 years of no contact.

[Silverplum]

Originally Posted by insanesmooch

Unless it has changed or is different in each state, abandonment can only be claimed after 2 years of no contact.

It would be SO much more impressive, and believable, if you'd spend 3 seconds googling the facts. For FL.
[url]http://www.fldivorceonline.com/flpages/Divorce/divorcerequirements.asp#16[/url]

[Larry7626]

FairisFair,
I'm not sure why she hasn't seen the kids. I don't know where she lives but I've heard it's a real nice place on the beach, maybe she just doesn't care?

Silverplum,
Thanks for posting that link, very informative. I now think that she may have wanted me to catch her cheating in order to get a faster divorce.

[CJane]

'Rarely' seeing the kids for a month is not abandonment, as has been said.

When she moved out... did you kick her out, or did she leave of her own volition? Were threats made? Was there an altercation (even if it wasn't physical)?

[fairisfair]

Originally Posted by Larry7626

FairisFair,
I'm not sure why she hasn't seen the kids. I don't know where she lives but I've heard it's a real nice place on the beach, maybe she just doesn't care?

Silverplum,
Thanks for posting that link, very informative. I now think that she may have wanted me to catch her cheating in order to get a faster divorce.

Or maybe she is ashamed , and too embarrassed to face them, or you.

Not excusing her behavior by any means, just thinking out loud.

[Gracie3787]

Originally Posted by Larry7626

What is the name of your state? Fl
Since I caught my wife cheating she has moved out of the house and has rarely contacted or seen our children which I have been fully responsible for in the last month.
Under what circumstances does the court acknowledge abandonment?

You don't need to prove abandonment or anything else in order to file for a divorce, custody and CS. Fl law allows for CS to be ordered even if no divorce is filed. You can easily file for all this yourself if you don't wish to hire an attorney. Go to [url]www.flcourts.org[/url] for the forms. You can find the statutes at [url]www.flsentae.gov/STATUTES[/url] chapter 61. The one thing that you will need tho is an address whre your wife can be served with a petition/summons.

[fairisfair]

Originally Posted by Gracie3787

You don't need to prove abandonment or anything else in order to file for a divorce, custody and CS. Fl law allows for CS to be ordered even if no divorce is filed. You can easily file for all this yourself if you don't wish to hire an attorney. Go to [url]www.flcourts.org[/url] for the forms. You can find the statutes at [url]www.flsentae.gov/STATUTES[/url] chapter 61. The one thing that you will need tho is an address whre your wife can be served with a petition/summons.

not necessarily, service by publication.

[Gracie3787]

Originally Posted by fairisfair

not necessarily, service by publication.

True for a divorce, and custody, but not for a CS order. Before a court will order CS the NCP MUST be personally served. It really doesn't make sense to me that one is okay and not the other, but that's the way the laws are in Fl.

[insanesmooch]

Originally Posted by Silverplum

It would be SO much more impressive, and believable, if you'd spend 3 seconds googling the facts. For FL.
[url]http://www.fldivorceonline.com/flpages/Divorce/divorcerequirements.asp#16[/url]

Since I am not in FL, why waste my time looking it up? In MY state it is two years. For the record, I looked at the link and FL is one year. Still doesn't apply in this case- for one it hasn't been long enough.

[Silverplum]

Originally Posted by insanesmooch

Since I am not in FL, why waste my time looking it up? In MY state it is two years. For the record, I looked at the link and FL is one year. Still doesn't apply in this case- for one it hasn't been long enough.

**boggle! **

No one cares about your state. The answer is/should be for the OP, not for an opportunity for you to toss in irrelevant info from another state.

You should look it up because you gave crappy info to the OP -- you stated that in your state it's 2 years for abandonment...and in FL, it's one year. That's a difference that could matter, to the OP and to future readers (should they exist) of older posts based in FL.

The OP has no idea about abandonment and is just asking questions -- to be given an incorrect answer, from an unrelated state is just pointless and stupid. Don't waste your time, OP's, or anyone else's if you can't post something solid and factual. It took me 3 freaking seconds to find ACCURATE info. If you can't be bothered, go lie down and take a nap.

Or you could just sit back and read and learn. It's not like you have anything of value to add.

[fairisfair]

Originally Posted by Gracie3787

True for a divorce, and custody, but not for a CS order. Before a court will order CS the NCP MUST be personally served. It really doesn't make sense to me that one is okay and not the other, but that's the way the laws are in Fl.

I guess if your wife/husband and kids disappear, no biggie., put an ad in the paper,

But man when that money starts to go, hold everything.