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?

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1 Lawyer Answer
Russell B. Cate
Russell B. Cate
Answered

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.

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