Separation

[scotty711]

undefinedWhat is the name of your state? Florida
My husband and I have been married since 1989 but together since 1977. Two years ago his behavior drastically changed; staying out late; then all night and eventually not coming home at all. He has not been living at home since 10/04, but continued to provide financial support. Our relationship was good considering and we still talked on a somewhat regular basis. Recently I found out that he was fired from his job of 8 years in 10/05. I have not heard from him since then. I have not way to locate or contact him since there is no phone number or address. His mail still comes to the house and I recently received mail from the IRS about past taxes and a notice of license suspension for him as well as citations.

What are my options regarding financial issues if he has decided to "skip" out and not contact me? Can I sell the house without his signature? Can I get a divorce without him? What are my financial exposures if I can't find him?

 

[Gracie3787]

undefinedWhat is the name of your state? Florida
My husband and I have been married since 1989 but together since 1977. Two years ago his behavior drastically changed; staying out late; then all night and eventually not coming home at all. He has not been living at home since 10/04, but continued to provide financial support. Our relationship was good considering and we still talked on a somewhat regular basis. Recently I found out that he was fired from his job of 8 years in 10/05. I have not heard from him since then. I have not way to locate or contact him since there is no phone number or address. His mail still comes to the house and I recently received mail from the IRS about past taxes and a notice of license suspension for him as well as citations.

What are my options regarding financial issues if he has decided to "skip" out and not contact me? Can I sell the house without his signature? Can I get a divorce without him? What are my financial exposures if I can't find him?

You need an attorney, howver, if you really can't afford one you can try contacting Legal Aid.

You can file pro se, go to www.flcourts.org/ for all of the Family Law forms and other info. If you want to read up on the Fl laws, go to www.flsenate.gov/Statutes Chapter 61 covers family law. Good luck.

 

[SJDSEDSC]

I am curious as to wether your husband is still living, seems like he has droppedoff the face of the planet. Have you did a credit report on him to try and locate him?

 

[scotty711]

I'm assuming my husband is alright, but it does seem like he has "dropped" off the face of the earth. He has not changed his mailing address so any attempt to track him down will lead back here!

 

[LdiJ]

I'm assuming my husband is alright, but it does seem like he has "dropped" off the face of the earth. He has not changed his mailing address so any attempt to track him down will lead back here!

Have you tried contacting any of the members of his family?

 

[scotty711]

My husband has never maintained a relationship with his family, but I did call them and they have not heard from him. Things keep getting worse.....rec'd letters from IRS for past returns. Paperwork destroyed in Hurricanes and I most re-create but my husband is not here to provide some of the information or sign the return. IRS sent a tax computation based solely on his income no deductions. What do I do now??? Ready to jump off the nearest bridge!!

 

[LdiJ]

My husband has never maintained a relationship with his family, but I did call them and they have not heard from him. Things keep getting worse.....rec'd letters from IRS for past returns. Paperwork destroyed in Hurricanes and I most re-create but my husband is not here to provide some of the information or sign the return. IRS sent a tax computation based solely on his income no deductions. What do I do now??? Ready to jump off the nearest bridge!!

Ok, you have been separated for two years. What you need to do is to send in tax returns for just yourself, as single (because you have lived apart for more than the last 6 months of the year, you can be considered as unmarried for tax purposes). Let him worry about his own taxes...don't get caught up in the muck. You also have the option of filing "married filing separately" but you aren't required to do that.

 

[scotty711]

Ok, you have been separated for two years. What you need to do is to send in tax returns for just yourself, as single (because you have lived apart for more than the last 6 months of the year, you can be considered as unmarried for tax purposes). Let him worry about his own taxes...don't get caught up in the muck. You also have the option of filing "married filing separately" but you aren't required to do that.

Thank you for the advice. I called the IRS to find out what the tax levy was on my bank account; they advised me to do the same thing. Also, I guess it is time to see a divorce attorney AGAIN to find out my options. Can I file for divorce if I don't know where he is living? What happens with the martial property namely the house; will I have to sell it immediately? With him not working would I end of paying him support? This is a NIGHTMARE!!!

 

[LdiJ]

Thank you for the advice. I called the IRS to find out what the tax levy was on my bank account; they advised me to do the same thing. Also, I guess it is time to see a divorce attorney AGAIN to find out my options. Can I file for divorce if I don't know where he is living? What happens with the martial property namely the house; will I have to sell it immediately? With him not working would I end of paying him support? This is a NIGHTMARE!!!

Yes, its possible to divorce him even if you don't know where he is. Service can be done by publication if he can't be located. No, you won't have to sell the house unless you can't afford it on just your income. Its unlikely that you would have to pay him any kind of support since you have been separated for two years.

 

[scotty711]

Yes, its possible to divorce him even if you don't know where he is. Service can be done by publication if he can't be located. No, you won't have to sell the house unless you can't afford it on just your income. Its unlikely that you would have to pay him any kind of support since you have been separated for two years.

I've decided that it smart to talk with a divorce lawyer to determine my options. I have made an appointment. How will the distribution of martial assets be handled since there has not been a mutual agreement and I may not know where he is?

 

[LdiJ]

I've decided that it smart to talk with a divorce lawyer to determine my options. I have made an appointment. How will the distribution of martial assets be handled since there has not been a mutual agreement and I may not know where he is?

Well....if he never shows back up, or you can't locate him, then you will get whatever you ask for.

 

[scotty711]

Well....if he never shows back up, or you can't locate him, then you will get whatever you ask for.

How do they handle distribution of martial debt? I have credit cards but only in my name; the car loans are in his name only; the house is in my name only.

 

[LdiJ]

How do they handle distribution of martial debt? I have credit cards but only in my name; the car loans are in his name only; the house is in my name only.

Again, if you can't find him or he doesn't show back up, they will distribute it however you ask them to. However, realistically you will probably end up getting stuck paying for anything that's in your name, or anything that you need to keep (house, car). The creditors won't be a party to your divorce and therefore are not bound by its terms.