Husband packed up & left

[3xAs]

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

I've been stay at home mom since I retired military 2005 my husband is still active military. He had new orders to Va Jan 09 (the kids and I came Jun 09 when school yr was over) CA where we still own our home, of 10 yrs. (renting it for this tour) Our plans were to return after this tour in 2012.

But 17 Apr 10 without prior knowledge he packed up most of his things, said its over and left. I'm shocked and don't want a divorce. We've been here almost 10 months, when military legal resident with PA but own home & lived CA past 10yrs.

I only make $1000 retirement $500 disable. He is sole provider. Is he still obligated to maintain VA household till kids get out of school in Jun so we don't move last 2 months of school?(CA house is rented till 1July) I assume he will file for divorce since he packed up. But I need to protect the kids and me, What do I need to do?What is the name of your state (only U.S. law)?

 

[LdiJ]

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

I've been stay at home mom since I retired military 2005 my husband is still active military. He had new orders to Va Jan 09 (the kids and I came Jun 09 when school yr was over) CA where we still own our home, of 10 yrs. (renting it for this tour) Our plans were to return after this tour in 2012.

But 17 Apr 10 without prior knowledge he packed up most of his things, said its over and left. I'm shocked and don't want a divorce. We've been here almost 10 months, when military legal resident with PA but own home & lived CA past 10yrs.

I only make $1000 retirement $500 disable. He is sole provider. Is he still obligated to maintain VA household till kids get out of school in Jun so we don't move last 2 months of school?(CA house is rented till 1July) I assume he will file for divorce since he packed up. But I need to protect the kids and me, What do I need to do?What is the name of your state (only U.S. law)?

So, the both of you maintained PA residency while in the Military? However you have owned a home in CA for the last 10 years?

How old are your children? How long has he been in the military and how long have you been married while he has been in the military. Answer the same questions for you.

Where, ideally, from a financial perspective and a personal perspective, would you choose to live at this point?

 

[Isis1]

if i remember clearly, it is a requirement of military law to provide financially for your family. especially if they are getting dependant pay.

a call to the CO, would really get the ball rolling.

 

[CourtClerk]

And you may want to give notice to your tenants ASAP if you intend on returning to your rental home. Depending on how long they've been there, you must give 60 days notice.

 

[LdiJ]

And you may want to give notice to your tenants ASAP if you intend on returning to your rental home. Depending on how long they've been there, you must give 60 days notice.

Wouldn't the terms of the lease control that? Is it standard in CA that tenants get a 60 day month to month extension if the lease has ended and the landlord chooses not to renew? I am simply curious, it doesn't work that way in my state.

 

[CourtClerk]

Wouldn't the terms of the lease control that? Is it standard in CA that tenants get a 60 day month to month extension if the lease has ended and the landlord chooses not to renew? I am simply curious, it doesn't work that way in my state.

If you don't terminate or renew the lease, it rolls over to month to month. They don't simply have to leave at the end of (say) their year. CA law requires 60 day notice to be given by the landlord anytime the tenants have resided in the property for 1 year or more. Therefore, if she wants to return July 1, I would suggest getting notice in the mail this week....

 

[dumpmyspouse]

get it over

Divorce is inevitable. It is going to happen. The longer you wait, the less your chances of protecting your family properly. My advise is to find a good attorney now.

 

[mistoffolees]

Divorce is inevitable. It is going to happen. The longer you wait, the less your chances of protecting your family properly. My advise is to find a good attorney now.

Absolutely. As I read the post, this is going to be a complicated situation. They are apparently residents of Virginia, having moved their in mid-2009. Yet they own property in CA. They can get a divorce in VA, but the court will not have jurisdiction over the CA property. If they agree to how to handle everything, it would be OK, but if there's a dispute, they could end up with cases in two states.

To make it worse, original post says something about a PA legal residency, but I don't really follow the grammar. If so, that complicates things further.

OTOH, if she moves back to CA with the kids, it will take time to establish residency. Furthermore, he can challenge having the kids moved out of VA (since VA currently has jurisdiction).

 

[LdiJ]

Absolutely. As I read the post, this is going to be a complicated situation. They are apparently residents of Virginia, having moved their in mid-2009. Yet they own property in CA. They can get a divorce in VA, but the court will not have jurisdiction over the CA property. If they agree to how to handle everything, it would be OK, but if there's a dispute, they could end up with cases in two states.

To make it worse, original post says something about a PA legal residency, but I don't really follow the grammar. If so, that complicates things further.

OTOH, if she moves back to CA with the kids, it will take time to establish residency. Furthermore, he can challenge having the kids moved out of VA (since VA currently has jurisdiction).

Its more complicated than that Misto. They are living in VA but apparently they maintained PA residence through the military (their original home state, which is normal in the military). Divorce could be filed in PA or VA and one of the parties could even challenge VA having jurisdiction since both of them apparently elected to maintain PA residency.

You are correct about CA, but it would seem foolish of the OP to move to CA when she has such limited income. CA is one of the most expensive states to live it.

 

[mistoffolees]

Its more complicated than that Misto. They are living in VA but apparently they maintained PA residence through the military (their original home state, which is normal in the military). Divorce could be filed in PA or VA and one of the parties could even challenge VA having jurisdiction since both of them apparently elected to maintain PA residency.

You are correct about CA, but it would seem foolish of the OP to move to CA when she has such limited income. CA is one of the most expensive states to live it.

I mentioned the PA problem in my post.

While CA is more expensive to live in, it could be beneficial for her for a number of reasons - the property is there. CA is generally much more generous with alimony than most states. And probably other reasons. That's why she really needs to talk with an attorney who can discuss all of her details.