When a couple isn’t legally separated but the husband is deployed overseas is it possible for the wife to claim abandonment to get more money?
When a person is deployed it can’t be considered abandonment. The wife may demand money but there is little chance that she would be awarded more money by the court. But if the command orders him to pay more then it has to be complied with. Since the person is legally bound to support his spouse and he is paying, it is advisable to be in the clear in matters of payment. The spouse can ask for alimony or child support during the divorce proceeding, but in case there is no child and the marriage period is rather short the courts are usually not inclined to grant them. How is abandonment decided in North Carolina?
In North Carolina abandonment is decided by the show of intent. To substantiate the claim of abandonment a spouse has to prove three things; 1. One of them has ended cohabitation without any justification 2. Ended the cohabitation without taking the consent of the other spouse 3. Ends cohabitation with no intention of renewing it When the spouse can prove all three of the above, it is considered that the spouse has been abandoned. There is no minimum or maximum time limit to claim abandonment. It might range from just several days to a much longer period. If the spouse can prove the above three factors, in most cases there would be entitlement to claim abandonment. How can a soldier living in Washington but deployed in Iraq file for divorce due to abandonment?
Since Washington is a no-fault state one does not need to claim abandonment as the reason for divorce. A simple allegation of “irretrievable breakdown of the marriage” is reason enough for filing of divorce. To seek divorce one needs to file a petition for dissolution of marriage in the county where he / she reside. If the person concerned is abroad he / she can still file for divorce by listing the address where his / her residence is. Should a person in Tennessee pay alimony to their ex if the ex has abandoned them?
In Tennessee abandonment is allowed as a ground for divorce. The court will take a call on alimony based on its judgment of which party is more at fault. Usually where the marriage has taken place not long ago, alimony is not granted. In some cases the court may order the person to provide some sort of support for the ex-wife, but if the abandonment has been done by the wife, the court may exempt the other spouse from paying any support. In Illinois can a mother terminate the parental rights of the father if he has abandoned her?
If there is sufficient evidence to prove that the father has abandoned the mother and the child then under Illinois law a mother can initiate proceedings to terminate the father’s parental rights. A lawyer has to be hired on the mother’s behalf to appear before the judge. The mother may also file for child support. While the state will help the mother in receiving the child support it will not assist her in obtaining the termination of the father’s parental rights. If the mother wishes to apply for child support she has to contact Child Support Services who will help her with the paper work. Once the paperwork is done, the state will help the mother in enforcing the father to pay the child support. Abandonment of a spouse might lead to a tricky legal terrain. It might give rise to complex legal scenario which is rather difficult for the common man to deal with. Hence, it is better to ask a military lawyer to decide the best course of action.
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