Abandonment?


#1

My spouse won’t speak to me. We have not spoken since early January over the phone. He ignores all my texts and emails and doesn’t answer the phone. I have suspicions that he might be cheating on me with a coworker and he has guilt issues. Or maybe he thinks if he talks to me while we are separated then it would void the separation. In November when he left me to live with his parents, he was anxious to file divorce right then. It is emotionally very frustrating.

Is NC a state where I can get him for abandonment since he won’t speak to me? Can I get alimony from him if he makes less money than I do?


#2

I don’t think - him not speaking to you - by itself is grounds for abandonment.


#3

How he “left” and moved out could be seen as abandonment, unless you did something that provoked him to leave (verbal/physical abuse ect) Are you receiving any support?
Its best to get a consultation from an attorney to really know .

If he makes less money then you, why would you need alimony? A supporting spouse is typically ordered to pay spousal support to a dependent spouse.
Check out Rosen web site & read up on the NC stipulations.


#4

You cannot prove abandonment simply by showing that one spouse is not speaking during a separation.

To obtain alimony, you have to show that you were dependent upon your spouse to meet your daily needs. This generally requires that the supporting spouse have the higher income.


#5

How do I prove abandonment? I did not provoke him to leave, he left me a letter saying he didn’t love me and could no longer be my husband and went to live with his parents.


#6

Abandonment occurs when a spouse brings cohabitation to an end without justification, without the consent of the other spouse, and without the intent of renewing cohabitation. This is proven with testimony of the events surrounding the separation.