Legal Question in Family Law in Indiana

Separated from estranged spouse

I left my spouse over 4 yrs ago while I was pregnant w/our child. It was a bad situation, but not violent. We never divorced; I never saw him since & he's never seen his son. Aside from a few angry phone calls from him & his girlfriend (~ year 1/2 ago) I've never heard from him. Based on phone calls we cant resolve this easily. I want to be divorced, but cant afford to do it w/lawyer. Plus, I've no idea what will happen once the wheels are in motion. I'm afraid to start something since it'll involve my son & from what happened on the phone last year his main concern is not paying child support & he cares nothing of son. He has never paid & we are doing okay now so I don't care if he ever does. But, while I was pregnant and for ~ year after I was on welfare (am not now). I was told that state can go after him for money whether I want to or not. I'm very afraid of the retalliation this will cause. He said once on phone he wanted nothing to do w/his child and would sign away rights, but a lawyer told me he cant do that legally because the child has the right to have the parent. I feel like its safer to just stay separated & NOT divorce because I'm so scared of it. Is this foolish (stay just separated) What should I do?


Asked on 6/16/08, 1:47 am

1 Answer from Attorneys

Re: Separated from estranged spouse

File for divorce. Clearly, if you state that you can not afford an attorney, then you are not doing "ok" financially. Additionally, if he makes more money then you do, he can be required to pay your attorneys fees. He has not been violent in the past, so that is a good sign.

Additionally, he can sign his rights away under certain circumstances if you remarry and your new husband seeks to adopt your son. Of course, you can not remarry if you are not divorced.

At anytime that he threatens you, you can obtain a protective order, they are free and your local court house will help you with the forms.

Your child has the right to child support so that you can do better then "doing ok". Additionally, and I know it is early, but your child is also entitled to have his father contribute to college expenses in the future.

Finally, if you filed today, your con could be recieinvg child support within a few weeks!

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Answered on 6/16/08, 7:55 am


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