I just want to have clear information about my ex wife, (she left me for another guy for morethan 3 years and we dont legally divorce ). Is she still has right to claim that she's still my wife ?
I heard that she is having financial issues right now, and if I can get custody of my daughters ( 13 & 14 yo ) which I know she won't let me to have it, but am so concerned abt the kids, she lets my kids working to get extra income.
2007-08-25 15:21:09 · 7 answers · asked by lifeshort 1 in Family & Relationships ➔ Marriage & Divorce
The issues in your case are with regard to financial claim in the form of maintenance from you as well custody of your two children. As she is still your wife (not legally divorced) she can claim monthly maintenance from you if she doesn't have means to maintain herself as well for the children who are with her. The provisions relating to maintenance are for providing financial help to the spouse, children & parents to prevent their vagrancy & destitute condition. Her staying with another man can be a point of defense to prevent her claim for herself but for the children you are bound to provide this financial help. Even a divorced wife can claim maintenance from her husband if she is not a position to maintain her. As far custody of children is concerned no doubt her leading an adulterous life can be a good ground for claiming the complete custody of the children, but in your case since she has been doing so for the last three years & you had never claimed the custody of your children from her on this ground, this issue may go against your such claim now. The very fact you had condoned her adulterous living with another man since three years can even now may not help in getting divorce on this ground itself but the period of three years desertion on her part is a good ground for divorce. Keeping all these facts in mind what I suggest you should move the family court for divorce against her on her desertion for more then three years coupled with her adulterous life with another man & along with this move an application for the complete custody of the children stating her wrong intention for using your two daughters for purpose of making source of income which you apprehend as she is not of a good moral character.
2007-08-25 18:20:49 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
Kiddo, if you are separated more than 3 years and you didn't get a legal divorce, YOU ARE LEGALLY MARRIED.
You are legally responsible for her debts.
She is CORRECT if she claims to be your wife. She IS your wife by all legal definitions.
Your credit can be injured by her bad credit, not as easily or badly as before, but it can still affect you.
Your grammar is bad in the last part and you don't explain correctly if she's making the kids work to earn money, or if she's leaving them alone for hours to work extra hours to earn money.
GET A DIVORCE.
THEN... you can file for custody but at age 13 & 14, the court may well allow the girls to choose, and being girls, they may choose mom to live with. Don't ever attack her in court or to them regarding who "should" raise the kids. Simply explain that you'd like custody since she's having financial problems. Your girls need a relationship with BOTH of you.
2007-08-25 15:32:06 · answer #2 · answered by Nedra E 7 · 1⤊ 0⤋
Call a family law attorney and protect yourself and your kids. Take care of your kids and protect yourself. Get involved with your girls. You are their parent too. Typically you are considered separated after she abandons the house for a year, but you should file regardless. You have grounds for divorce. Get it over with. Many states offer no-contest divorces cheap. Yikes.
2007-08-25 15:43:10 · answer #3 · answered by whereRyou? 6 · 0⤊ 0⤋
Your story is the same as many. If you don't have your separation legally documented you will be held accountable for some of her finances. She will get desperate when she's broke and may cause you problems. She doesn't have to change her name either. CALL A LAWYER....
2007-08-25 15:32:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She is still your wife. She would get your estate along with your children should anything happen to you. Have you changed beneficiaries on your life insurance?
You better get a legal divorce, pal
2007-08-25 15:28:25 · answer #5 · answered by Elt 5 · 0⤊ 0⤋
check www.saveindianfamily.org & www.498a.org and join the nearest local unit they would counsell you on the right steps!!
do it fast earlier the better.
2007-08-27 21:42:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, fool. Get a divorse as quick as you can. All bills she rings up are your responsibility.
2007-08-25 15:28:13 · answer #7 · answered by Brewski 2 · 0⤊ 0⤋