My wife and I had a bad fight, and she left the home saying that I had hit her. The ER found nothing, but police still showed up at home later that evening.
Over the last few days, my wife stayed at her sister’s home but came back to our house this morning. Now, she’s sending me texts and messages telling me I better not stay in the home and threatening me.
I have two kids and don’t want it to look like I’m abandoning the home if I leave. What can I do?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
You should schedule a meeting with an attorney as quickly as possible to get legal advice and to strategize as to your goals are and what you are hoping to achieve, especially with regard to long-term ramifications of any actions you take.
Unfortunately, your situation is not unique as many people face this. I have had numerous cases where a spouse has consulted with an attorney and there plan is to do exactly what you describe here.
In most situations like these, they become “he said – she said” types of cases, which provide very little in terms of witnesses or documents to support a position.
If you discuss this case with an attorney, hopefully that attorney will move quickly to find any witnesses and subpoena the hospital records. Your text messages are extremely important as I doubt that a court would see that as abandonment, particularly if you are being threatened from returning home.
You should only communicate with your spouse through written correspondence, such as through texts or emails. If you are going to have personal contact with her, you should either have a witness, have a friend listen over a phone call or, if your state allows, record the conversation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.