Abuse and divorce

My husband was convicted of domestic violence and we have gone from no contact to verbal/virtual contact only. It’s been almost 10 months since he was removed from the house. We have 2 small children and I have been and am the sole provider. He is ready to file for divorce in a couple months and has gone back and forth on many topics. Giving more than a couple nights with kids, half the equity, having to pay more to stay in this home for my kids, half my retirement, etc is really sad to me I feel like im rewarding my abuser and not sure I can provide if he takes so much. He gets Va disability and has often not contributed to the household racking up debt on alcohol, cigars, etc. It’s unfair and unjust . Does it really come down to this?

For equitable distribution or the division of marital property, marital fault is generally not considered and an equal division of the marital property is presumed to be equitable.

However, you may be able to argue that one or more Distributional Factors exist which could allow for you to receive a greater than 50% share of the marital estate.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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