Divorce & Rights Advice Needed

[ak00]

My husband and I have two small businesses. Financially businesses are thriving but not generating enough for our personal finances. His idea of work is showing up for the job and straight to the bar for socialization as he calls it. He is a "functional" alcoholic which has affected our lives in every way. He has been physically abusive towards me in the past (not recently) and is mentally and emotionally damaging to me. We have been seeing marriage counselor/therapist for a few months and nothing has changed. We have a 16 year old son who admitted to the therapist dad has alcohol problem. Son has a great relationship with dad. I do not. I have decided to get a divorce. Dad will not leave the premises so I have to make the decision of whether or not to leave to get a peace of mind. We bought a home together (making mortgage payments) and I want to know if I decide to leave the home while I make arrangements to file for divorce and stay with a friend of mine, is that considered abandonment? I don't want much, I just want out. I also want custody of my son since I feel dad is not capable of giving him adult supervision that is much needed for a teenager. What are my rights as a mother, homeowner, and businessowner?

 

[lwpat]

everything depends on your particular circumstances and the laws (fault or no fault, community property) of your state. Bottom line is you need to retain an attorney right now.