Is This allowed

[sheilabride36]

What is the name of your state (only U.S. law)? Florida
I am in a marriage that my husband is verbally abusive and he says he doesn't want to be with me and I want to leave with my daughter which is not his biological child. I want to know if I leave before we get a divorce can he get me for abandament?

 

[Antigone*]

What is the name of your state (only U.S. law)? Florida
I am in a marriage that my husband is verbally abusive and he says he doesn't want to be with me and I want to leave with my daughter which is not his biological child. I want to know if I leave before we get a divorce can he get me for abandament?

What would you be abandamenting?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida
I am in a marriage that my husband is verbally abusive and he says he doesn't want to be with me and I want to leave with my daughter which is not his biological child. I want to know if I leave before we get a divorce can he get me for abandament?

You would be abandoning him, but so what? That would give him grounds for divorce, but it sounds like you want a divorce anyway.

What are you afraid might happen?

 

[sheilabride36]

I just don't want him going into the court room and telling the judge I left him, we have a home together it's in both are names but I'm a stay at home mother to my daughter and his son. He claims nothings mine because I don't work and he does. so i don't want the judge to say I walked out and I can't have nothing but we both want a divorce well mainly he does.

 

[mistoffolees]

I just don't want him going into the court room and telling the judge I left him, we have a home together it's in both are names but I'm a stay at home mother to my daughter and his son. He claims nothings mine because I don't work and he does. so i don't want the judge to say I walked out and I can't have nothing but we both want a divorce well mainly he does.

In theory, the circumstances of abandonment MIGHT have a minor impact, but if you're leaving because he's abusive and if the two of you don't have any children together, it's not likely. See an attorney about filing for divorce and you should be OK.

 

[LdiJ]

I just don't want him going into the court room and telling the judge I left him, we have a home together it's in both are names but I'm a stay at home mother to my daughter and his son. He claims nothings mine because I don't work and he does. so i don't want the judge to say I walked out and I can't have nothing but we both want a divorce well mainly he does.

You leaving does NOT impact your rights regarding marital property. He is full of it if he thinks that nothing is yours because you don't work.

However, that doesn't mean that you are guaranteed to get anything out of the house or other marital assets. The state of the housing market and economy have cost people a lot of equity in homes and other assets. Its even possible that you could be upside down on the home, depending on how long you have owned it and whether or not you have refinanced or have taken out home equity loans.

So...recognize that your husband is full of it, but also recognize that until you have full knowledge of the marital assets/debts, you won't know where you stand.

 

[adogg1219]

Florida is a no-fault state. The only way grounds for divorce is that 1) the marriage in irretrievably broken or 2) one party is mental incapacitated. So he cannot file for divorce based on abandonment. It's not an option in this state.

Why don't you just go file for divorce right away anyway?