My spouse has cheated for the past few months. I have evidence such as pics, text screenshots and plus he came clean but without all the true details. We both own our home, can I leave the home for a week until I talk with my lawyer and it not count against me? I plan to ask for alimony along with a percentage of his company.
Yes, you can leave on a temporary basis although you should express to your spouse (preferably in writing) your intent to return to the marital residence on a certain date. Otherwise, your spouse could say that you left with the intent to remain permanently separate and apart and not allow you back in.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
I forgot to mention that we have a child together who is with me most of the time. Does that make a difference?
You can leave with the child, but you should indicate where you will be (unless there is a domestic violence safety issue) and the date that you will return, and you should allow your spouse access to the child via phone or FaceTime.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.