Can I just get up and leave my wife?

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Can I just get up and leave my wife?

We have been married 5 years. Last year I filed for divorce, but eventually we reconciled and now 1 year later, it is not any better. I want to leave her for good this time, and take our 3 year old son with me, since I am the sole provider. Can I do that?Iis there something I have to file first? My wife has no job, no income, no car and her family is back home in Guatemala. The townhome we are renting is paid for timely each month, and I would pay the bills of course during her time there. I want to give notice on the last month, then tell her I am leaving.

Asked on August 8, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I would advise you to seek legal counsel in your area before you take any steps to leave or take your son.  Yes, you should file for temporary custody of your son.  Understand, though, that the court may not look at this as you do.  Your wife's contribution to the house and home does not have to be monetary to "count" in the eyes of the law.  And as for continuing to pay the bills, you are probably going to be required to do that for an indefinite period of time.  The court will not allow you to leave her high and dry.  Your income IS her income; the car if purchased during the marriage BOTH of yours.  Seek some consultation here.


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