How soon can I move out?

North Carolina Divorce Law Divorce and Separation Answers
1

I have court dates set for temporary custody, temp support and equit distribution. I have a couple questions:

  1. What determines when temporary (custody/support) become permanent?
  2. How soon can I move out? When custody is granted?
  3. If I wanted to purchase a home without having to worry about my husband being part of it, at what time/point can I do that? Legal separation? Divorce? After ED? Right now we have to stay in the same house until custody is determined. I will rent, but would like to purchase asap as I will be renting from my parents.
  4. Is there somewhere on this site that will give someone an idea of what happens (at temporary child custody–a, b, c happens, etc) and some kind of time frame?

Thank you so much for your help. This website has been a godsend.

2

Normally temporary custody remain in place until the permanent hearing takes place, or after the lapse of one year.
If you have an equitable distribution claim pending already you must be living separate and apart, as you cannot file a claim for ED until you are living separate and apart.
In any event, you may move out at anytime, but it is best to have a custody arrangement in place before leaving the home.
As far as purchasing a home, you will need your Husband to sign a Free Trade agreement and have it recorded in the county where you are purchasing land before you close, otherwise he will have an ownership interest in the home by reason that you are still legally married.
Depending on the county you are in, a temporary custody hearing can be heard anywhere from 2 to 4 months after filing.

3

As I understand it, you can not file for custody while still living in the marital home because separation has not yet begun. You may need to clarify your situation prior to going to court.
A separation agreement could be drawn up by either party or an attorney with custody, support, and ED and by doing so, you could avoid going to court for these matters. A separation agreement could also allow you to move without complicating the ED or custody if both parties agree.

  1. The temp custody arrangements ordered by court are usually in place for a given amount of time and then one parent will need to schedule another hearing for a permanent custody order.
  2. see my above statement…a separation agreement can keep you from going to court and the courts will not grant custody to one parent until separation has begun.
  3. There is a form that your stbx can sign that will allow you to purchase a home without him being on the deed. After divorce, you may do so without his consent or even knowledge.
    I suggest consulting an attorney and getting a separation agreement drawn up, have your stbx sign and move out. The court dates can be canceled unless your stbx refuses to sign the agreement. Giving him the agreement is would show that you are taking care of your financial obligations to the marriage so that abandonment is not an issue.