Verbally Abusive Alcoholic Spouse

Is it still considered abandonment if I, along with my 15 year old daughter move out of the home? My husband is an alcoholic and we are experiencing terrible verbal and emotional abuse. My 15 year old daughter is depressed and emotionally distraught. I don’t have a legal separation in place.

It would likely not be abandonment.

To be abandonment, you would have to end the marital cohabitation without (1) justification, (2) the consent of your husband, and (3) the intent of renewing cohabitation.

You are justified in leaving the marriage when you cannot continue the marital relationship with safety, health, and self-respect.

Anna Ayscue

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

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