IfI fleed my husband due to both physical and drugabuse, canmy husbanddivorce me on the grounds of abandoment?

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IfI fleed my husband due to both physical and drugabuse, canmy husbanddivorce me on the grounds of abandoment?

I have proof of the abuse.

Asked on October 17, 2011 under Family Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

Your safety in this matter is the think that is important first and foremost. If you are forced to leave because of the abuse then he can try and raise what ever issue he wants in an action for divorce.  He still has to prove his case in order to be awarded a divorce on that cause of action and you have every right to try and refute his allegations with your evidence  Please, do not worry about that right now.  I think that you may be worried that it will impact in some way on your rights to marital assets.   Like I said: he has to prove it before it would - and I highly doubt that given the evidence of abuse it would be entertained - to be held against you with regard to the assets.  They are different issues. Get some help all the way around.  Good luck. 


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