How can I legally Leave?


#1

I’ve retained an attorney. But, my quesion is, I’ve been told that I cannot legally leave my husband with out a seperation agreement. Is this true? He’s been notified from my attorney that I have retained him and that I would like a seperation agreement, for him to contact his office to let him know if he will agree to settle this amicably. As of right now…he’s not willing to do that. It is a very tense living situation. Is there any way that I can leave (with my children) and not do something illegal???
Please help…not sure how much more I can take.


#2

It is ADVISED to have a separation agreement before leaving the home…but it isn’t necessary. There is no such thing as a legal separation in NC. It is advised because it can spell out custody, property and visitation of children. If you leave without an agreement…your husband has equal access to the children.

You are liable for 1/2 the debt in the marriage and are due 1/2 the assets.


#3

You may leave and take the children with you. There is nothing illegal about it. It can cause difficulty in moving forward towards an amicable settlement, however as long as you take the children to a suitable new home and allow your spouse access to them you will not be violating the law.