No fault. : delivery of intent?


#1

My husband travels often ,every other week for a couple of days.
Would it be considered abandonment on my part
if I proceed with the no fault divorce Paper wrk while he is away
And once the papers were processed I leave and leave the family house
We have no children and he has been physically and mentally abusive we me .
Married 16 years.


#2

HIs frequent work-related absences from the home will not count as separation. One of you would have to leave the marital residence with the intent to reside elsewhere. So, you cannot file for divorce for at least one year and a day after one of you has moved out. You can move out on your own and start the clock on the separation now. Another option that may work if the facts support it would be to file for a domestic violence protective order. If you are granted one, you will be given sole possession of the house and he will have to stay away from you for one year.