Don't stay in your home just to protect your right to assets or alimony!

I just spoke with a new client who was concerned.  Her home had become a verbal battleground and she wanted to leave, her friends told her to stay or she would wind up with less of the assets and never get alimony or support.  She might even lose custody of her child.  These notions are based on what is called abandonment, the leaving of the other spouse.

Before we even start.  IF YOU ARE IN DANGER GET OUT.  Call the police if you have to to get your personal property.  We always help people get a restraining order for their own protection if needed, at no charge, and the judge will not care that you left with your child if you are in danger and may well give you the right to be in the home and order the other person our of it. 

In Connecticut there is a statute that protects parents from a claim of abandonment when they leave to preserve peace in the home.  The law recognizes that it is better for some people to be apart right from the start and that will provide a better environment for all concerned. 

Second assets are dealt with by division depending on many factors, but leaving the home to establish peace is not one of them. 

Alimony is established based upon the needs of the parties to survive, and their need to get reestablished. 

So if you are being abused get out, if it is violence get the police