Lawyer! |
Most of the time you can't close a joint account without the other person's permission. Her best bet would be to open another account and have any direct deposits go there. Any money that is in the account right now is considered marital funds. If she were take it all out and put it in another account that wouldn't look good in court. |
That would only work up until the divorce is final. That's what I did. Also, she'd be shooting herself in the foot to extend it any further than that. What if a couple years from now she's in another relationship? Those clauses don't typically fly in court beyond the divorce becoming final. |
This may be a state-by-state issue. In Virginia, once the couple separates their money is their own. |
You withdraw all the money in the joint account and have your name taken off joint credit cards. It’s not stealing-it’s a joint account. The divorce agreement will dictate who gets what but it’s just smart to keep him from stealing it or running up the ccs. |
It's absolutely abandonment. She could file for an at-fault abandonment and she would probably get primary residency. OP needs to seek legal advice ASAP. |
Are you both immigrants - Indian perhaps? Your story sounds like an arranged marriage and he hasn't learned to be respectful to women.
He sounds like a man-child who was spoiled by his parents. I'm sorry. |
+1. Sounds like Indians to me. |
OP, please, please, please don't take law advice from this poster, as they clearly know nothing about marital law -- they don't even know what state you live in, how on earth can they claim to know anything about case law regarding abandonment? Call a divorce lawyer OP, as most of the advice being dispensed in this thread is either flat out incorrect or strictly subjective and may have zero bearing on your case. Good luck. |
I’m disappointed, 4 pages in and the autism poster hasn’t chimed in yet... |
Or some people are just assholes. Most people understand that it’s not normal for a parent to just walk out. But of course you’d prefer to blame the wife. Because you’re an asshole too. |
No, we’re black. |
You can’t see it right now, but there is light at the end of the tunnel. Coming from a guy who went through a divorce. You’ll be okay and probably will be better than you were while married.
Good luck! |
Fortunately the courts don't let emotional psychos like you make that call. It's still his kid and he should be able to parent regardless of what YOU think about him now. |
Op, just want to say how sorry I am. You will be ok but it will take time.
1) yes, sounds like an affair. Read chimp.lady, do the 180. 2) call a few lawyers near you. Ask friends or here for recs. See one soon as you can for first steps about finances and custody agreements , and to drawing up temp separation agreement. Until then make sure you have copies of everything, statements, all documents. Draw up a list of your household's bank accounts, brokerage accounts, retirement plans, insurance policies, loans, credit card statements and mortgages and get the most recent statements for them. 3) open your own account if you haven't for your paycheck. Check with lawyer and all automatic deductions before closing joint account. 4) what is your child care situation? 5) save all correspondence with husband. 6) find your support network. 7) it's up. To you how much you want to dig re affair. Assume he's having one and go from there. |