Dear elismom:

Greetings. Abandonment is when one spouse moves out without an agreement. The real question you should be asking yourself though is “does it matter.” It likely does not as someone has to leave to start the separation. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

What qualifies as abandonment? Is it as simple as one spouse moves out w/o an agreement or does it have to be more specific than that? If one spouse leaves and says this is not permanent, then 3 days later he calls from a different state and says this is permament, is that abandonment? One atty said no, one said yes…HELP!!!