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Should “abandonment” in a divorce apply to emotional abuse victims?

Ca

Ca

I have a friend who is currently going thru a divorce because of emotional abuse on her husband’s part.

Her divorce lawyer informed her that she couldn’t leave her home because it would be considered abandonment, which will result in her getting 0% from the divorce.

I was wondering what your take on this was, as I feel emotional abuse is absolutely enough reason to leave without it causing a financial strain.

Vote below to see results!

520 views • 0 upvotes • 25 comments

COMMENT (25)

Vi

Posted at
I agree with you. Abuse is a valid reason to leave a marriage without it being considered abandonment. What a terrible situation for your friend.

🌻

Posted at
I accidentally voted “yes”. That’s really sad your friend is in that situation.

AJ

AJ • Jul 30, 2018
Me too! Then I realized I meant to click no when I reread the question.

Tr

Posted at
thats awful! abuse of any kind should be reason NOT to be charged with abandonment.

St

Posted at
Maybe her doctor could help her out? To maybe have it on medical records about the mental abuse.

St

Stephanie • Jul 29, 2018
Very welcome! It’s the first thing I did when my ex actually turned physical. I went in and talked about the mental and physical just incase I charged my ex with anything. Also, if she has text message proof make sure she keeps that.

Ca

Ca • Jul 29, 2018
That’s a really good suggestion, thank you!

De

Posted at
meant to press no....I wish these polls would let you change your answer

Em

Posted at
I accidentally voted yes because the question is worded very poorly

Li

Posted at
This is not true. Abandonment is when someone leaves and is no where to be found or takes kids and goes out of state or out of town. She has EVERY right to move out of the home, but cannot take the kids and disappear.

Li

Li • Jul 29, 2018
she needs a new lawyer. unless she was planning on up and leaving to another state or town with the kids she has every right to move out.

Li

Li • Jul 29, 2018
Her lawyer is wrong. She is allowed to move out, but cannot keep children from him or cease contact throughout the divorce process. My husband is a family law attorney. She either described it to you wrong or the attorney is wrong. Most people move out when going through a divorce. Abandonment is when you leave completely and cannot be contacted during the divorce. The abandonment law serves to help those whose spouse basically disappears on them. It means they can sell the house, have a divorce granted and child custody changed over without the other person being involved.

An

Anne 💙💙💙 • Jul 29, 2018
It really depends on the state. There are some out there that are still really backwards on this stuff.

Zo

Posted at
That’s sounds like bullshit. Who would make such a stupid law. Where I live your Matrimonial Home is always split in a divorce, no matter who paid for it, who lives there, it’s always split.

Be

Posted at
Wait! Voted wrong. I meant no! This is so sad, my heart goes out to your friend.

Te

Posted at
It shouldn't apply to anyone. To force someone to live like that is cruel.
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