Is it adandonment is husband is still living in the same house but not providing any assistance for the wife?

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Is it adandonment is husband is still living in the same house but not providing any assistance for the wife?

My husband and I have discussed divorce, but no papers have been filed. He has since closed out checking account and denied me any access to the finances or household bills. He refuses to provide me with anything including food and personal toiletries. He will literally not buy something for the kids if he thinks they’re asking for me. He has now filed to have his mail delivered somewhere else so that I can’t see what he’s getting including our household bills. I just want to know if we’re losing our house. Is this abandonment even though we still live in the same house but separate rooms?

Asked on August 24, 2012 under Family Law, Mississippi

Answers:

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

Answered 8 years ago | Contributor

How the law interprets the situation is best asked to an attorney in your state.  Is it that you are attempting to file for divorce on grounds permitted in your state?  You can ask about filing on "alternate" grounds, meaning abandonment (but again, it is unclear if your facts would sustain that cause of action), or possibly another: that your husband behaved in such a way that continuing the marriage would be intolerable. I think that what you have descrbed may sustain that cause of action.  And you need to ask for support for you and the children.  And exclusive use of the home.  Please get help.  Legal aid or a law school clinic or Bar Association pro bono - free - help.  Good luck.


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