what is considered abandonment of a home ? I have no children and want to leave do to abuse...
Whether or not you are being abused, you have every right to leave. There is no criminal aspect of that. Desertion is one of the fault grounds for divorce, but in a state where there is no fault divorce, it doesn't make any difference. If you get divorced, and either of you has significant income or assets, you should retain comepetant counsel to make sure that the judge has a full understanding of the situation.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.
If you are being abused, you may want to speak to an attorney immediately about a restraining order.
You will not be penalized in terms of your equity in the home during the divorce proceedings for leaving, if that is your question about the abandonment of the home.
Your husband can file for divorce for cause under the desertion clause, but then he has to take it to trial to prove you left for 1 year, and then you can counterclaim for abuse as well.
In terms of the second option, filing for irretrievable breakdown of the marriage, there is no fault there that needs to be proven, and the divorce can proceed without a trial. In that separation agreement, you would still be entitled to your fair share of the equity in the marital home, irregardless of who left whom.
Good luck, and get a restraining order if you feel unsafe!
Assuming your spouse still lives in the house, it is not "abandonment of a home."
As you refer to abuse, your question seems to sound more in divorce and the concept of desertion. If you are being driven out of the marital home by abuse, desertion does not come into play.
Get to a safe place and file for divorce, either as "no-fault" or on the grounds of physical abuse if your spouse will not cooperate in the divorce.
While the Family & Probate Courts are seriously understaffed, many still try to run "Lawyer of the Day" programs. See if the Worcester County court has such a program, or if the Worcester Bar Association does.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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