Divorcing with nowhere to go?

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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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.