Abandonment?

[HMBCMK]

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

Asking for a friend ... How long does a spouse have to be gone before you can claim abandonment?

 

[mistoffolees]

I believe it's a year.

Ohio Laws on Spousal Abandonment & Custody | eHow.com

What is your friend trying to accomplish?

 

[HMBCMK]

Thanks for the response.

She has been married for 6 years. They have 3 children together. He left on Monday with a considerable amount of money. Her credit card company called her today about suspicious activity on the card, so apparently he has been using or tried to use it also (the card is in her name only). She knows, from past experience, that he is on a drug binge. She has had enough, and called me today asking for advice. I told her about this website, and she wanted me to ask some questions for her - she's not sure what to do. She wants to make sure the kids and their home are protected (she bought the house before they were married and it is in her name).

If anyone can give some advice on what she should do, I know she would really appreciate it. She called an attorney late this afternoon, and is waiting for a call back hopefully tomorrow morning. That doesn't help her worrying tonight, though.

Thanks!

 

[mistoffolees]

Thanks for the response.

She has been married for 6 years. They have 3 children together. He left on Monday with a considerable amount of money. Her credit card company called her today about suspicious activity on the card, so apparently he has been using or tried to use it also (the card is in her name only). She knows, from past experience, that he is on a drug binge. She has had enough, and called me today asking for advice. I told her about this website, and she wanted me to ask some questions for her - she's not sure what to do. She wants to make sure the kids and their home are protected (she bought the house before they were married and it is in her name).

If anyone can give some advice on what she should do, I know she would really appreciate it. She called an attorney late this afternoon, and is waiting for a call back hopefully tomorrow morning. That doesn't help her worrying tonight, though.

Thanks!

Talking to the attorney is a good start. If his name is not on the credit card as an authorized user, she should also notify the credit card company. They can cancel that card and send her a new one (and she shouldn't have to pay for his charges if she never authorized him).

She could file for divorce on the basis of incompatibility. If he objects, it won't go through, but if he doesn't object, she can get a divorce without waiting.

 

[HMBCMK]

Thanks for your response.

She did have them cancel the credit card and they are issuing her a new one.

I heard or read somewhere that a couple has to be separated for 6 months before a divorce can be finalized in Ohio. Any truth to this?

 

[mistoffolees]

Thanks for your response.

She did have them cancel the credit card and they are issuing her a new one.

I heard or read somewhere that a couple has to be separated for 6 months before a divorce can be finalized in Ohio. Any truth to this?

No.
Ohio Grounds for Divorce | divorcenet.com

Living separate and apart for one year is grounds, but there are a number of other grounds. As I said above, the easiest one might be to use grounds of incompatibility which doesn't require a waiting period. If the other party doesn't object that will go through. If the other party objects, though, it won't work.

 

[ecmst12]

Whatever the exact law may state, it's certainly more then 2 days in any case.

 

[Ohiogal]

Thanks for your response.

She did have them cancel the credit card and they are issuing her a new one.

I heard or read somewhere that a couple has to be separated for 6 months before a divorce can be finalized in Ohio. Any truth to this?

To get a divorce granted on the grounds of living separate and apart for a year the couple must live apart for more than a year BEFORE FILING. HOWEVER, there are other grounds that could be used as well as incompability.