I want to separate from my spouse but I have no family here. We don’t have a lot of cash. Do we still have to move out?
Yes, in order to be separated for absolute divorce purposes, one of the spouses must move out. The spouses must have separate residences.
If the decision to separate is mutual, it is possible to negotiate the terms of the separation/divorce first (i.e. who takes what property, who takes what debt, who is paying how much in alimony, etc.) and put them into a separation agreement before one of you moves out. This can oftentimes be advantageous because you know exactly what you will be keeping, what you are responsible for, and how much money you will have coming in so you can make the appropriate arrangements to live on your own, all before actually separating.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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