Legal Question in Family Law in Washington

Hi my name is catherine and my husbasnd has abandond me and my 3 children, left us with no money for rent bills or anything. Can you please advise me on what my rights are? he also left me hanging in a non closer bankruptcy. What can I do about that? And also he has left me with a car that will eventually be reposessed. He has just left me hanging out on a limb, so please tell me what I can do? He has left the state of Washington and is residing in Utah! Thank you!!!


Asked on 1/30/11, 12:37 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Catherine,

What you need is to file for dissolution of your marriage. During that case, whether I represent you, or you hire another law firm to do so, here is what your rights are, and what I suggest you do:

First, you have a right to child support based on your income and your husband's income. Second, you may be entitled to spousal maintenance, but I need more information before I can say for sure.

Third, regarding the bankruptcy, I need to know what you mean by a "non closer." Nevertheless, a bankruptcy filing can put a hold on a dissolution of marriage case, to the extent property and debts are affected. However, any child support or spousal maintenance will not be dischargeable in a bankruptcy filing.

The fact that he is in Utah is of minor consequence. For example, if you file for dissolution in Washington, he needs to be personally served in Utah, and instead of having 20 days to respond, he will have 60 days to respond, since he was served out of state.

Very Truly Yours,

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Answered on 2/08/11, 6:22 pm


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