HELP, just this past week, spent $250 consultation fee regarding a divorce (I've been married since dirt was invented). Anyway, the hostility in this house is destroying my 14 year old daughter and killing me. The first and most important question I asked was "is it okay if I take my daughter and move into an apartment until this divorce is settled?" My $250 answer, from a seasoned ball-kicking female attorney was NO. She said if I left it would be considered abandonment and I would lose any interest in the assets we have accumulated. Does anyone have another opinion. I'm talking Alabama here.
[quote]HELP, just this past week, spent $250 consultation fee regarding a divorce (I've been married since dirt was invented). Anyway, the hostility in this house is destroying my 14 year old daughter and killing me. The first and most important question I asked was "is it okay if I take my daughter and move into an apartment until this divorce is settled?" My $250 answer, from a seasoned ball-kicking female attorney was NO. She said if I left it would be considered abandonment and I would lose any interest in the assets we have accumulated. Does anyone have another opinion. I'm talking Alabama here. [/quote]
You could always get a second opinion. It can be viewed as abandonment. But that doesn't mean that you lose all interest.
Is your stbx being physically abusive? If so, the next time he assaults you, call the cops and press charges. And get a restraining order. If not, then ask for exclusive possession of the house when you file for divorce. A judge may or may not grant that.
I am not in Alabama but, I was told not to leave the house. That my x could take out all the furniture and assets and claim you had none when the divorce went through. Unless you fear for your life or that of your child. Then seek help from the police and note everything. Take pictures. Protect yourself and your child at all costs.
The one to leave the marital home is generally recognized to be at a disadvantage. The magnitude is disputable. I believe your lawyer is definitely overstating things to claim that you'd lose interest in marital property. Either go back to her and ask questions about how that is so or go elsewhere and get a second opinion.
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