Q: I have been married for 4 years and I am seeking a divorce. Will it be held against me if I move out of the home?
I don’t feel safe going home due to mental and emotional abuse. The home we live in was purchased by his mother prior to our marriage and the home is in my husband and his step fAthers name. We have no children and no other assets.
A: You never know what a judge will do, but moving out of the house could work against you if child custody was at issue, here it is not because you said you have no kids, but like I said a judge has wide discretion. As far as property division goes, fault in the breakup of the marriage is a factor a court can consider in awarding a disproportionate share of the marital estate. This could work against your husband if he has been cruel and/or abusive. But every coin has two sides, so be prepared for a counter argument from your husband. You need to talk to an attorney about the house and the whole case in general.
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