divorce

[Julia]

I've been married for 8 years and I have no children with my husband. Because I'm tired of the verbal abuse I'm done with him. Some people says I cannot leave the house otherwise I will lose my rights. We have a house that we bought together and my husband has a farm that is in his name.
I'm tired of arguments and the mistreat and I asked him to leave. He said he will not.
I just want peace. Can I leave the house and find another place to live. Will I be able to get at least the money I put down for the house when we get the divorce papers??

[JeremyCarlson]

I'm not an attorney but I can say from the attorneys I've talked to about my divorce yes you can leave and you won't be giving up "rights" to anything but when you file your petition for divorce make sure you put EVERYTHING in it because if you don't and you later down the road think of something you'll be out of luck. So make sure you put a lot of thought and time into your petition. As far as getting the money you guys put down for the house that will be to a judge to decide what you get but you can put it in your petition but I don't think that's something that is usually asked for. Again I'm not an attorney but I just figured I would offer some friendly advice because I know how long it takes to get a response back on here, I'm still waiting on one myself. Also if you have some time check out this site it really has a ton of info on it.

[Attorney Cheri Hobbs]

If you vacate the marital residence you lose your right to "re-enter" the marital residence. You do not lose your right to the actual residence itself in the dissolution proceeding. You can argue for the equity in the home to be split between the parties as well as have the court take into account any unequal sums of pre-marital resources used to purchase the home. If you have minor children then the issue of vacating the marital residence has some additional issues. You might want to have a consultation with a lawyer prior to filing your petition.

Attorney Cheri Hobbs