If I want to leave my husband, how can I make sure that he does not accuse me of abandonment?

We have 3 minor children. We have discussed with the children that they will stay with their father during the week and visit me on weekends. We have gotten a little hostile with our fighting, so I want to leave ASAP but I’m afraid he will try to sue me for abandonment. What is the time period before he can do that? I will continue to pay my portion of the mortgage until legal arrangements are outlined.

Asked on August 22, 2015 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is also called desertion in Virginia.  It is leaving against the wishes of the other spouse. If you mutually agree to separate - which is sounds like you have here - then he can not later claim desertion. I would not worry but I would not delay in finding a lawyer and ironing out a stipulation of settlement.  Good luck.


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