• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Protect asset, achieve divorce without spouse's cooperation.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

investigator

Junior Member
Florida. A family member's spouse has been absent from the marriage more than present and has abandoned their child off an on throughout the last almost 18 years. She is in prison again. During one of her stints in prison, he purchased a house. His son is almost 18, so the house is the only concern. How can he protect his only asset and get a divorce without her signing the papers?
 


Ohiogal

Queen Bee
Florida. A family member's spouse has been absent from the marriage more than present and has abandoned their child off an on throughout the last almost 18 years. She is in prison again. During one of her stints in prison, he purchased a house. His son is almost 18, so the house is the only concern. How can he protect his only asset and get a divorce without her signing the papers?
The house is marital property since it was bought during the marriage. If the spouse has abandoned the marriage on and off then your family member should have sued for divorce way back when. Apparently he didn't and she returned? he can get a divorce without her signing by suing her for divorce in court.
 

mistoffolees

Senior Member
Florida. A family member's spouse has been absent from the marriage more than present and has abandoned their child off an on throughout the last almost 18 years. She is in prison again. During one of her stints in prison, he purchased a house. His son is almost 18, so the house is the only concern. How can he protect his only asset and get a divorce without her signing the papers?
This highlights the danger of people who are not party to an action starting threads. You don't have all the facts. More importantly, you're making emotional statements which have no legal meaning. For example:

How do you abandon a child off and on? You either abandon the child or you don't.

How is absence from marriage relevant? And what does it mean? I know a happily married couple where the husband travels around the world and is away from home at least 70% of the time. The wife also travels and is gone some of the time he is there. He is absent more than he is present. So what?

There's not enough information to answer the question about the house, either. The house would normally be marital property, but if it were purchased with an inheritance and not mingled with marital funds, then it would be his separate property.

Have the person involved post the relevant legal facts and a specific question.
 

nextwife

Senior Member
Ls there a child support order against her? If so perhaps he can try to have the court apply any unpaid arrearages she owes against her share of any marital interest in the property when the property settlement is hashed out..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top