Assault & Battery Divorce/Seperation due to Domestic Violence - Property Settlement

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pm6268

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Hello,

On two separate incidents (one 6 years ago and one just 15 days ago which my 10 year old witnessed) my husband abused me. He has had mental illness/depression issues and I assume he still do but we never talk about it. I say that because he visited a Psychiatrist a few years ago when he abused me 6 years ago and used some medicines like Effexor and related drugs to help him with his brain. Long story short, he has always been very difficult to deal with. He is extremely immature and compares him to me instead of another male counterpart. He has no zeal in life and no dreams (it seems). We have 2 boys, 10 and 5. I love my kids to death and he probably does too.. but has very little patience with them. We have been contemplating buying a house for quite some time but could not get to it for various marital problems and other issues in our life. He is wasting away money in stock market and lost almost all his life savings and even today trades actively and keeps investing money from each paycheck and hardly contributes to anything in the house except for some groceries. I pay rent, elec, gas, phone, internet, groc, kids stuff.. clothes, shoes everything. When I question him he gets agitated and don't want to discuss and argues that he is spending a lot of money on the house. I really don't want to argue with him anymore and just want to let him go and free myself from him. I am extremely tired of him and have no energy left to find him. I tried my best to make it work for almost 12+ year and can't continue this way anymore. So, my questions are:

1. I want to buy a house with the savings I have - if I do, will I end up having to share the property with him in case we decide to either separate or divorce. I want buy asap for several reasons. I am scare that he will get to my money and claim it in divorce because he is spending every penny he is earning in gambling. So, I want to put my money to good use and provide a safe home for my and my kids away from him that I can call my own.

2. What are the chances of the custody of my kids due to his domestic violence. Can they stay with me.

I could write many pages and pages of my life with him but don't want to.. it's not worth it to anyone.

Thanks and looking forward to your response as soon as you can provide.

Thanks,
NoName
 
Missouri is an "equitable distribution" state. This means that assets will be divided according to several factors, one of which includes marital conduct. I strongly suggest you have a chat with a local attorney with regards to the financial issues.

With regards to custody, if you have been the primary caretaker it's likely you'll retain primary physical custody. Dad will probably get joint legal custody (decision-making), and visitation.

Now about the domestic violence. You stayed with your husband after it had happened - so you cannot really use that against him in court unless the recent event is documented and you intend to file for divorce very soon.

Is that the case?
 
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