No. Abandonment would be that you left without his knowledge or prior knowledge and did not make arrangements for your finacial and other obligations. If you have a separation agreement in the works and it’s just not signed yet, then you are covered.
Abandonment occurs when one party leaves the residence without the permission of the other spouse and without just provocation. If you are concerned about this issue you can execute a Non-Abandonment Agreement. Unless you owe a duty of support to your spouse, abandonment is not likely to be an issue, you should consult with an attorney and review the facts of your specific case to be sure.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
my husband and i are separating, we have agreed so far to keep the children in our best interest, and on custody and on the fact that me and the kids will be moving out into a smaller (cheaper) home, and that the kids will return every 7 days to stay with him… we have not signed our separation papers yet…and just incase something comes into play and we begin to disagree… does he have any stand on ‘abandonment’… we have witnesses that know what is really going on as far as we are leaving ( the children & I) to a less expensive home…as well as hes agreed to help me move… im just wondering, once we have moved and the kids go back every other week to stay with him…if he begins to be disagreeable… can he ‘stick’ me with anything as rediculous as abandonment?