If I want to leave my husband who is verbally abusive, will it be detrimental for me to leave the home?

Asked on December 15, 2015 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If this is an abusive relationship, then you need to leave sooner than later. 
From an emotional standpoint, it is much harder for abused women to leave an abusive relationship the longer they are in in the relationship. 
From a legal standpoint, the longer you stay, the more you enhance his argument that "if it was that bad, then why did you stay so long?"  Judges and attorneys who are familiar with domestic violence will understand the difficulty of leaving.  However, there are still some who don't understand the dynamic and will agree with him--- that if it was really bad, you would have left. 
On a similar note, if you and he have children, they need to go with you.  If you leave the children behind, that will also enhance the argument that if he was really that bad, then you wouldn't have left the children behind to live with him.


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