Another take on who moves out


#1

Dear just robin:

Greetings. Let’s be honest here…your spouse is having a tough road with his health, and it sounds like that has reduced you to nurse maid over the last three years. Things happen…and we often find ourselves in a role we never envisioned and cannot imagine going forward in for the rest of our lives. Does that sound right?

So, my suggestion is that you don’t ask him to leave, but that you instead hire an attorney and help them to negotiate with your spouse a resolution so that you can leave with a clear conscience and a Non Abandonment Agreement.

If I have not answered your question, please let me know. The bottom line is that if you want a separation, one of you has to leave. I would not leave until you have tried, with an attorney, to work out a separation agreement. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

This is similar to Sandy1113’s question. However, it is my husband who is the stay-at-home dad, due to medical disability. Before he got sick, I asked him to leave, he refused. Then he got sick. I stayed with him throughout all the operations, recuperation periods, and everything else - THREE years worth. Anyway, I am going to ask him again to leave, but if he won’t, that leaves me with the only option of leaving my 3 minor children with him in the home. Will this constitute abandonment? My 21 year old will be going with me, but her brothers don’t want to. What are my options?