Abandonment laws


#1

I need to make clear on the abandonment laws in NC. I am wanting out of my marriage, but am scared of being busted for abandonment. My spouse has issues with keeping a job and he will not go out an find one. I am working my tail off to try and make ends meet but barely treading water. Our marriage has been rocky since day two and there have been other infidelities involved as well. I am needing to know that under the circumstances (him not getting up to go find a job) could I be in trouble under the abandonment laws if I leave? He is in no way incapable of working and has no medical or disabilities which hinder him from doing so.
Please help to clear this up for me…


#2

I also should have added that we have no children or real property involved.


#3

Abandonment is a term that lawyers like to throw around in a threatening manner, however today it is not too much of a concern. The statutes list abandonment as a grounds for a divorce from bed and board, which is in a sense a judicial separation that is used to force one spouse to leave the martial residence, ( or in the case of abandonment to prevent the out-spouse’s return). It may also be used grounds for alimony.
Depending on your husband’s work history, the length of the marriage and on whose part the infidelity was committed you may or may not have an alimony obligation.
In my professional opinion I would not be concerned with the abandonment issue.
If you do plan to leave the martial residence you need to understand that your husband will have the right to change the locks and exclude you from the home after you leave. You will need to take all of the items you may need (clothing, work materials, computer components, ect) to last you for the next several months. Though you will not lose your rights to the house and the personal property, it could take some time before all property issues are resolved so it is best to take what you need when you leave,


#4

Thank you for your reply. We do not own our home, we have been married for three years, he has been fired three times in the last four years, infidelity was on his part.


#5

Everytime that he has been fired he sits around for a few months before finding something else…


#6

If you can prove the infidelity he is barred from alimony. I would advise you to go ahead and move out. You should put a fraud alert out on your credit with all three bureaus to ensure he does not attempt to open any accounts on your name.
Also, if your name is on the lease, you are still liable to ensure the rent is paid, whether you are living in the residence or not.


#7

This is not my first rodeo (unfirtunately)… :wink:
I do have the print outs of all the interactions he had and other evidenced saved on flash.
I understand about the lease…my dad is trying to get me to just suck it up until the lease is up then move out. We have lived in seperate rooms for a few months now so that is not an issue.
My main concern was the abandonment issue.


#8

I wouldn’t be concerned with it, best of luck to you!