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Ive been married for 33 years. It took me 28 years to figure out it was an
emotionally and verbally abusive marriage.
If I leave my husband, must I live in the house while I divorce him? Or can I
move out? I will not be hit or beaten he knows better then to strike me. I
dont want to take him to the cleaners. I would like an amicable divorce.
We have two adult children and grandchildren.

Asked on December 20, 2016 under Family Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can move out. While you cannot force the *other* spouse out of the marital home unless you were, in the course of the divorce, to get a court order requiring him to go (e.g. to prevent physical abuse or in the interest of minor dependents who live there), you are an adult, and adult can live wherever she wants. The law does not force an adult to stay with his or her spouse; you may legally move out if you want.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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