Legal Question in Family Law in Ohio
Abandonment?
My husband has fallen in love with a woman he works with. We have 2 children under the age of 2. My husband left me to live with her in Kentucky. We are planning to get a dissolusion but he wants to wait until January. He moved out 2 weeks ago and we have not filed any papers of separation or anything. We have only worked out some details of who gets what, finances, and an agreement that he could have visitation with the children whenever he pleases as long as it doesn't interfere with other plans. However, NOTHING is in writing or on file. Is him living in another state before filing and me being a stay at home mother make it abandonment?
Thank you
1 Answer from Attorneys
Re: Abandonment?
Yes, although in the language of Ohio statutes, it would be considered extreme cruelty or gross neglect of duty. Also, to be included as part of a dissolution filing, any separation agreement must cover all matters of child custody, child support, visitation, property division, and debt division, and be signed and notarizd by both parties. You need to file against him immediately, and get support for yourself.