Technically yes, if you do not have a separation agreement, but it has little bearing on the anything. Abandonment is not as much of an issue since one of you must leave the marital home for the separation to begin. NC is a no fault state and there is no such thing as “legal separation”. You did inform him of your intent to separate and have made arrangements with his knowledge.
Abandoning would mean that you did not inform him of your intentions to leave and left without regard or discussing your legal and finacial obligations or without regard to your child and custody or support.
It would be in your best interest to get a separation agreement stating custody, support, and listing distribution of marital assets but it is not required to file for absolute divorce.

Abandonment is not a separate legal claim that can be brought. It is a factor that the court will consider when deciding the issue alimony. If you make more money than him and are not providing him with support then abandonment may be an issue that the court will consider.

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 for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780


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 have been separated since Jan of this year. We were having problems, sought counseling, which he didn’t attend. I told him several times I was leaving him if things didn’t change. Nothing changed so I gathered some of my things and my daughter’s things and left. He packed up my clothes and even helped me move this past July. Can he charge me with abandonment?