If I leave my husband because of abuse and I move out because of my own safety, how will that impact my divorce arrangements?

UPDATED: Mar 20, 2012

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If I leave my husband because of abuse and I move out because of my own safety, how will that impact my divorce arrangements?

Would I have to pay him money each month, because I left first or just how will this work?

Asked on March 20, 2012 under Family Law, New York


Rachel Weisman, Esq. / Weisman Law Group, P.C.

Answered 10 years ago | Contributor

If you fear for your safety from your husband, you should file for a Restraining Order in the Family Court. If you have kids, you should ask for a stay away Order from the children as well. 

In New York, you no longer need grounds to obtain a divorce so you may file for divore based upon irretrivable breakdown of the marrigae for a period of 6 months or more. 

You will not have to pay him money just becasue you left first. If, however, you earn more money than your husband, he may ask the court to award him spousal support.  


WEISMAN LAW GROUP, P.C. 516-256-7737



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