What constitutes abandonment?

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What constitutes abandonment?

We are doing badly financially. My husband does not have a paying job. He insisted I move to another state to live with my mom so he could rent our house. He lives in his home “office” in the basement. Can he claim I abandoned him if I apply for residency in the state I am now living in?

Asked on October 27, 2011 under Family Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Why, may I ask,do you need to claim that you abandoned him to declare your residency?  First, I would not make an admission like that and second, you need not have to to change your residency.  What you need to do is to establish yourself as a resident of the state of Colorado.  There may be certain requirements that are particular to the state and I would consult with a divorce attorney to be sure.  But the "regular" things that people do are change their driver's license, register to vote, change their mailing address (easy to do on line) for bills, etc.  Get help here now that you have the positive support of family.  Good luck.


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