How can I sue for spousal support? 29 Answers as of October 04, 2011

My husband and I were together 15 years when he left to live with a woman in another state that he met on the internet. This is the second time he has abandoned me and my child. The first time, he was gone for four months, and the second time, he was gone for 18 months. Can I sue for spousal support? Also, he is still legally married to me and has lives with this woman all of this time and they filed taxes together. Can both of them be held accountable on Bigamy charges?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
First of all, if you report this to the IRS he is going to federal prison. If he did "marry" the other person and you file a criminal complaint, he is also going to state prison. You may not get support, but he'll be out of your life once you do that and get a divorce.
Answer Applies to: Georgia
Replied: 10/4/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Bigamy requires he be married to her and you at the same time. As for spousal support, you must file for divorce to get that.
Answer Applies to: Texas
Replied: 9/26/2011
Reza Athari & Associates, PLLC | Riana Durrett
Nevada courts are often hesitant to order spousal support, but there are many factors such as length of marriage and what each party contributed to the marriage. Once a complaint for divorce has been filed, then a party can request support to pursue or defend against the litigation, depending on the parties' income and resources.
Answer Applies to: Nevada
Replied: 9/23/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana you may sue for support even if you do not file for divorce. Your husband will have to be served, but he will be liable for support for you and any minor children. While your husband is committing adultery, for which he can be sued for divorce, unless he attempts to marry the woman he is probably not committing bigamy. You need to consult a tax attorney about his tax filings.
Answer Applies to: Louisiana
Replied: 9/23/2011
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
File for divorce and ask for spousal and child support. You need the services of a good family law attorney.
Answer Applies to: California
Replied: 9/23/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    As part of a divorce, you may seek spousal support if the other paty has the ability to pay spousal support and you can demonstrate financial need. Spousal support is based on a number of factors including the length of marriage and earning capacity of the parties. Marital fault and infidelity are irrelevant to determinations of spousal support.
    Answer Applies to: Minnesota
    Replied: 9/23/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: Whoa! You can definitely file for spousal and child support. Did you file your own taxes? If you have the child more than 50% of time, you are entitled to the deduction. Call an Accountant for a free consultation. It is not bigamy if your husband did not marry the other woman while still married to you. To file for spousal (and child) support, you file for 'Dissolution', and file an Order to Show Cause (OSC) in the Family Law Court in your jurisdiction. Visit your local Clerk's Office for more information and assistance, if you cannot afford to hire private counsel.
    Answer Applies to: California
    Replied: 9/22/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    No bigamy. Tax fraud maybe & yes, you may get spousal support.
    Answer Applies to: California
    Replied: 9/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If he is still legally married to you, yes, he could be charged with bigamy in most states, however, most prosecutors won't really entertain such charges today but you can certainly file them against him. Certainly, if he is filing taxes with her,there is plenty of absolute proof of his illegal actions.
    Answer Applies to: New York
    Replied: 9/22/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    Yes, if you can show that you need support and show that he has ability to pay spousal support. Also, if you two have minor children together, you can petition the court for child support from the father. Living with another woman doesn't mean he is married to her. If he legally married her, then it would be bigamy. Also, by preparing a joint tax return he has committed a felony! Until he is legally divorced from you, his filing status would either be "married filing jointly" or "married filing separate." It does not matter that he is in another state. I strongly encourage to talk with an attorney to learn ways to enforce and protect your legal rights. Good luck.
    Answer Applies to: California
    Replied: 9/22/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    There are several approaches that you can take. First, you can file a complaint for separate support, requesting spousal support in your complaint. Or, if you make the decision to file a complaint for divorce, you can request spousal support in that complaint. Keep in mind that a complaint for separate support does not grant you a divorce, so if that is your end goal, you will want to proceed with filing a complaint for divorce. In terms of your question regarding bigamy, if your husband is married to the woman that you mentioned, then that marriage is invalid on the grounds of bigamy, as your marriage was not dissolved prior to that marriage. If the parties are not married, then their situation is not one of bigamy, but one of adultery. Without more information it is difficult to ascertain how they have managed to file joint tax returns.
    Answer Applies to: Massachusetts
    Replied: 9/22/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    It would appear that you have grounds too file a Complaint for Spousal and Child Support. Go to your county's Domestic Relations Office to initiate the litigation. If you feel the need to contact the IRS that you are still married, they probably already know that from your Social Security numbers, but go ahead.
    Answer Applies to: Pennsylvania
    Replied: 9/22/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    File for divorce in MI and request spousal support. A relationship is bigamous only if he married the second woman without divorcing you first.
    Answer Applies to: Michigan
    Replied: 9/22/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Bigamy occurs when you are legally married to two people at the same time. Why not file for a divorce? You may be able to obtain spousal support but for sure you can get child support.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    File for divorce and ask for it. And yes, they can be charged with bigamy if they got married.
    Answer Applies to: Alabama
    Replied: 9/22/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can file a suit for separate maintenance if you don't want a divorce. As far as bigamy, that is when someone is married to two people, so unless he married the other woman then I don't believe there's any bigamy.
    Answer Applies to: Georgia
    Replied: 9/22/2011
    Robinson & Geraldo
    Robinson & Geraldo | Manuel Geraldo
    You raise complex questions. First, you can file for alimony pendent lite immediately as well as for child support. If you live in the District, the child support obligation is to the age of 21 unless the child is emancipated. Enrollment in college or higher education is not emancipation. Second, yes your husband is still legally married to you from the facts you gave me. Third, he is not eligible to file a married return with his paramour. You can always notify the IRS. Fourth, unless he married his paramour, only he can be guilty of bigamy. Please note that bigamy is rarely prosecuted.
    Answer Applies to: District of Columbia
    Replied: 9/22/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may file a petition for support in the county in which you reside. Alternatively, you can file for divorce or legal separation and seek support. If he has remarried this woman without first divorcing you, he could be convicted of bigamy. Remember though, you want support. If he loses his income, he can't/won't pay support.
    Answer Applies to: Oregon
    Replied: 9/22/2011
    Law Offices of Andrew J Spinnell, LLC
    Law Offices of Andrew J Spinnell, LLC | Andrew J Spinnell
    Not only can you sue for spousal support but you can also sue for child support in Family Court where you will be aided by the clerk in the preparation of the Petition. You should also consider commencing a divorce proceeding.
    Answer Applies to: New York
    Replied: 9/22/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    California divorce is no fault so you cannot sue for adultery. However, it sounds like it's time to file a divorce and, if appropriate, a motion requesting sole occupancy of the house and spousal support as well as attorney fees.
    Answer Applies to: California
    Replied: 9/22/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file for divorce. And yes, you may have a claim for spousal support. You should consult with an attorney to assist you with the process. Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website.
    Answer Applies to: Florida
    Replied: 9/22/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to file for divorce to obtain spousal support. He can only be guilty of bigamy if he has actually married another woman before being divorce from you. Filing taxes as married with another woman is probably some form of tax fraud, but it isn't criminal bigamy.
    Answer Applies to: Colorado
    Replied: 9/22/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, you can file (sue) for divorce (dissolution), legal separation, or separate maintenance. Your husband hasn't committed bigamy unless he's married this other woman.
    Answer Applies to: Washington
    Replied: 9/22/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you could likely sue for spousal support but would be unlikely to succeed in this quest on your own without the aid of an attorney, and, no, your husband and his current out of state consort would not be prosecutable for bigamy as long as their current cohabitation does not include marriage.
    Answer Applies to: Virginia
    Replied: 9/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should consult with an attorney in your area as soon as you can. If you are not divorced he is not free to remarry or file taxes as married filing jointly with anyone else.
    Answer Applies to: Connecticut
    Replied: 9/22/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You must file for divorce and seek spousal support, both termporary and permanent and do it now. He can be served with the papers in the state where he lives and enforced through the interstate compact.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You can absolutely file for separate support, as well as, for divorce. If you have a child together you can also obtain child support. The fact that he is living with another women is not bigamy unless he married her while he is still married to you. That being said, I strongly suggest you contact an attorney.
    Answer Applies to: Massachusetts
    Replied: 9/22/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney