Divorce question...

[matthias]

I have a sister in law (non-Christian / not baptized) who married my brother. My brother is a long long lapsed Christian. He rejected Christianity and became a Jehova Witness so he could marry my sister in law who is a JW.

Well after a very rocky marrage lasting about 10 years my brother has left my sister and has shacked up with a “girlfriend”. I think he may be abusing drugs or alcohol again. He has said he does not want to be her husband any more and has said he wants nothing to do with their 3 children either. (my brother has some issues to say the least).

My sister-in-law is having enough problems trying to raise 3 kids as a single mother but now by brother is beginning to do such things as leave places without paying rent and such that leave my sister-in-law financally responsible.

It has reached the point that it is probably prudent for her to obtain a civil divorce to protect herself and her children. I feel bad suggesting a divorce because it is generally very bad but the Church does allow for conditions when it would be allowed. Even more so she is not a Christian at all and would not be bound in the same way as a Catholic anyway.

My question is…
Is there some other legal state or status that she can apply for that would protect her from liability but would not be a formal divorce. For instance can she apply to the state for some sort of separation or something that would (while not disolving their marrage) protect her from legal and financial liability.
I would really not like to suggest to anyone that they get a divorce unless absolutely necessary but in her case it is becoming necessary for her security and that of her children.
She is in Washington State if that makes any difference.

Any suggestions?

 

[auppie]

Washington State is a community property state (used to live & work there). It has been years since I’ve done anything in the courts regarding domestic cases, but it is possible she could start by filing a legal separation (forms here courts.wa.gov/forms/?fa=forms.contribute&formID=25)).

If creditors are calling her to pay your brother’s bills after date of separation, I don’t believe she would be liable for them. All she has to tell them is that they are separated, and they need to stop calling her.

Good luck.

 

[LeahInancsi]

She needs to see a lawyer or go to some place that provides legal aid.

If I’m not mistaken, a “legal” separation should keep their respective debts separate without going all the way through a divorce.

 

[asquared]

she needs good legal advice, laws vary from state to state, but she certainly needs to protect herself and her children from financial liability caused by her husband. Even a Catholic may obtain a civil divorce for this purpose without penalty of sin. Of course civil divorce does not end a valid marriage, but is a legitimate course of action to protect the best interests of the family.

 

[carol_marie]

Your poor sister in law! I say she should get the divorce and sue him for child support. Although he may want nothing to do with his three children, he’s still repsonsible for their support.

She isn’t Catholic - so our rules don’t apply IMO. Lucky for her, Jehovah’s Witnesses allow divorce in the event of adultry so she will be free to get on with her life.

I wish her and her children well.