Legal Question in Family Law in Virginia
Custody/Possesion of the home
My name is--name removed-- I am a 30 year old mother of two children ages 21/2 and 6. I am in an abusive marriage, have been for over 10 years. My husband has had 15 jobs, verbally abuses me, has no job now and expects me to keep paying the bills, I have had the same job for the same company for the last 12 years. he has had a history of drugs, he seems to spend all the money he makes when he does work. This along with constantly verbally pressuring me to do whatever he wants or there is always a threat about a consequence for me to pay. My question is how can I get him out of the home, I feel like I can't prove any of the verbal abuses, butter will melt off his tongue when he is around other people, although any one who knows him well enough has seen him ''hot headed'' before. He constantly threatens me with taking the kids, or whatever he can think of at the time. I have tried to get a restraining order. I have tried 6 months ago, our house is always in turmoil, but the order was not granted because he never threatened to physically harm us. Help-Thanks you so much.
1 Answer from Attorneys
Re: Custody/Possesion of the home
Your situation is complicated enough that you need to seek legal counsel immediately.
What will probably be recommended is that you file a fault ground divorce, seek a pendente lite hearing to try and get possession of the home and custody, support, etc.
In the meantime, do not leave the children with your spouse if you have to move out to protect yourself. In fact, unless there is immediate danger to you, I'd recommend you consult a lawyer before you take any action at all.
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