If I leave the home, can that hurt me in the divorce? Will proving abuse help me?
Although I cannot speak to your specific situation, in many states, if one spouse leaves the house prior to filing for divorce, it doesn’t necessarily have a negative effect in the divorce when trying to divide up property or the home, etc. However, if there are children in the home that are left with the other spouse, it may be possible that this can be considered by a judge in a custody situation - again, I cannot speak to your situation or how this may be looked upon in your state. Often times, a person may have a valid reason for having to leave the children temporarily with the other spouse such as if s/he is fleeing abuse or if there is some other emergency situation. [ADD THIS IF SHE ASKS IF PROVING ABUSE WILL HELP HER IN THE DIVORCE: Also, in many states, even if a person can prove abuse as the ground or reason for the divorce, it may not have an effect on the amount of alimony or the division of property.]
Sometimes, if a person is going to file for divorce, s/he may ask the judge to decide as to who should get exclusive use and occupancy of the home - in some states, a judge may do this early on in the divorce proceedings. However, every state’s laws are different and so I cannot give you specific info on [STATE’s] divorce laws or how leaving one’s home may or may not affect his/her right to the home or other property/assets from the marriage. You may want to talk to a divorce lawyer in [STATE] to get a consultation so that you know your rights. Here is a link for lawyers: [LINK] and here is a link to the basic divorce information that we have in case it is useful: LINK