I need to get away from my spouse for a few weeks to clear my head and get away from the constant nagging to leave the home.
I don’t want to leave the home but I really cannot take it any more. I don’t think people realize the impact of constant yelling, crying, and nagging but I am at my wits end.
It’s too much. So I am thinking about leaving for a few weeks to think things thru and also to allow her some time to think.
(1) If I leave how long can I stay out of the house (say in a hotel or whatever) before I become at risk for Domestic Criminal Trespass? My intention is to leave all of my possessions in the home and just take some clothes with me. I will state that I am only leaving for a few weeks and intend to return with a small hope we can try to discuss things like adults.
(2) Is there a time limit say like 30 days one can stay away before § 14‑134.3 becomes effective?
There is no time frame, but just because you don’t believe you have set up a new residence, doesn’t mean she won’t change the locks and call the police if you try to reenter the property.
I would like to restate that I would not say I was separating. I said I was leaving for 3 weeks and would return in 3 weeks.
What if I had said I was going on a business trip?
If someone could actually lock out the other spouse, there would be a lot more people finding themselves locked out of their homes I think after going on a business trip it seems.
What is the actual practice to enforcement of the law?
My point: just because you aren’t saying you are separating, doesn’t mean your spouse won’t take actions to try and separate during the time you are gone.
How law enforcement handles situations such as this vary based on the jurisdiction. Some will assist a party in reentering the home if there is no formal separation and some will not get in the middle of it.