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What is the name of your state (only U.S. law)? NC
I have three children from a previous marriage. My husband and I have been married for three years. During this time, he has become increasingly abusive in several ways. We signed a prenuptual agreement that he wrote out when we were married. I have gone into debt over having to pay all of the bills in our household. He knows that I have no money but he doesn't know about the debt. He does inexpensive things to the house (maintenance) but the rest of his money goes into his savings, and I have no idea how much he has. I have to leave.
I am going to secure a rental house tomorrow. I need to know if me leaving without telling him will cause the prenupt to be null and void. I will be leaving a letter, but I know his temper and I am afraid of his reaction when I tell him I'm leaving. If I leave with only my essentials, will this be classified as abandomnet and cause me to not get my share of our assets? Most of my things were given away during the marriage, so I have no furniture, no money, etc. I can't afford to let him keep everything, so I want to do this the correct way. I do not want to hold him to the prenupt completely, since our house is paid for and that would be a lot of money. I want to be fair. All I want is to be where I started before we were married, which is no credit card or personal loan debt, bedroom and livingroom furniture, and a small amount of cash. How do I need to do this the right way? I don't want him to be able to say I abandoned him.
I have three children from a previous marriage. My husband and I have been married for three years. During this time, he has become increasingly abusive in several ways. We signed a prenuptual agreement that he wrote out when we were married. I have gone into debt over having to pay all of the bills in our household. He knows that I have no money but he doesn't know about the debt. He does inexpensive things to the house (maintenance) but the rest of his money goes into his savings, and I have no idea how much he has. I have to leave.
I am going to secure a rental house tomorrow. I need to know if me leaving without telling him will cause the prenupt to be null and void. I will be leaving a letter, but I know his temper and I am afraid of his reaction when I tell him I'm leaving. If I leave with only my essentials, will this be classified as abandomnet and cause me to not get my share of our assets? Most of my things were given away during the marriage, so I have no furniture, no money, etc. I can't afford to let him keep everything, so I want to do this the correct way. I do not want to hold him to the prenupt completely, since our house is paid for and that would be a lot of money. I want to be fair. All I want is to be where I started before we were married, which is no credit card or personal loan debt, bedroom and livingroom furniture, and a small amount of cash. How do I need to do this the right way? I don't want him to be able to say I abandoned him.