Indianapolis, IN asked in Family Law for Indiana

Q: Can I just leave pregnant wife and two children?

10 months ago, I discovered my wife had an affair with a felon sex offender in 2013. Just before affair started, she had me removed from house with an ex-parte TRO; just after affair ended, she vacated TRO. When I discovered affair, I contacted several lawyers and prosecutors office to see if perjury charges or abuse of restraining order charges could be filed but I was told, no way just move on.

I decided that I could do a little better than that and for the past 10 months (at my insistence but of course I never forced) we have been having unprotected sex. Now she is 5 months pregnant and I just got a job in Costa Rica, but I don't want her to come. I'm going to Costa Rica myself and leaving my pregnant wife and two young daughters.

I am now ready to move on!

What I'm doing is totally legal correct? After all, I was told to move on by a prosecutor.

Anyway, its all legal right?

Related Topics:
1 Lawyer Answer

A: Being legal and having consequences are two different things. Just because you may be able to leave does not mean you will not have consequences for doing so. First of all, the two of you are still married which means you would need to get a divorce. Second of all, you will be obligated to pay child support and possible other expenses to help support your children. Third, you are leaving behind YOUR CHILDREN who are innocent bystanders in the poor decisions made by your wife. They should not be adversely affected (and they will be if you up and walk away) because of you or your spouse's decision making.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.