Question:
My wife left my children, my credit card and my car and told me she is never coming back. When I told the police, they said there is nothing that can be done since we are married and those items are considered community property.
What can I do?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning divorce law.
You have to start somewhere. I hope by now you have cancelled the credit card that your wife took and cut off her access to any other financial accounts that you shared. You should check your credit report to make sure that no additional credit cards have been opened in your name that you are not aware of.
Next, consider how that car is titled. Is it held only in your name? If that is the case, you could report your vehicle stolen.
If it is held by you or her, then you can go to the DMV and have the vehicle re-titled to your sole ownership and then report it stolen. Keep in mind, this change does not necessarily mean that it really is your property alone – it just gives you the ability to report it stolen to the police because it is no longer community property.
To locate your children, I would start by contacting all of your wife’s family members to see if anyone knows where they are located. I would also try to report your children missing or kidnapped to the local police. I don’t know whether they will file a report, but it is worth a try.
If necessary, you could look into hiring a private detective/investigator to see if they can get information on where your wife is located. If you can find her, you can serve her with divorce papers (if that is what you want to do).
Also, if you want to divorce her, you can usually publish in the local newspaper that you have filed and ask the court to approve that publication as “service.”
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.
