Legal Question in Family Law in California
divorcing an abusive husband
My husband's behavior's become unbearable. We have been married for almost 5 years. We have a 3 year old child. I quit my job to take care of him. My husband is both emotionally and verbally abusive. In one case, he called the cops to falsely accuse me of hitting my child: to scare me and win custody of hims in case of a divorce. I have experienced nervous break downs and spent a night at a psychiatric hospital.
The list of his problematic behavior is long, but I have no job and no money and no family. How can I go about divorcing him without being hurt or having a place to stay? I don't want to stay at a shelter. Do I have other options to protect myself while getting a divorce?
1 Answer from Attorneys
Re: divorcing an abusive husband
You really need to find a lawyer in this situation. If this "emotional and verbal abuse" at least rises to the level where he is threatening to physically injure you or your children, it would be an act of "domestic violence" and you would be justified to call the police and have him arrested. And, of course, obviously the same if he actually hits you or your children. Or, rather than have him arrested, or in addition to, you can file a petition in court for a restraining order to have him removed from the house until the divorce is final. If you can't afford a lawyer, check with one of the many battered wives organizations. Many either provide lawyers, or at least self-help assistance in drawing up papers, etc.
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