I have 2 pre-teens and married for 17 years. Husband has been emotionally/verbally abusive and neglectful along with failed marriage counseling. I want to move out with the kids but fear abandonment because both names are on the house and bills. I make a bit less then him and we are already juggling bills as it is. I’m not sure how to legally go about leaving. I’ve asked him to leave and he won’t. I’ve asked him to go to mediation and he won’t. How do I go about legally leaving?
You may leave and take the children with you, so long as you let him know where the children are, and allow him access to them. Given the facts you list, you have justification to leave and he will not have any claim for abandonment.