There’s technically no “proper procedure” to leave a residence to begin the separation, but there are a few things you want to consider. The most important is really insuring that your spouse cannot claim that you have abandoned them and the marriage. This factor is less important if you have no children and if you are the supporting spouse that will have to pay some alimony down the road anyway. The more open you are about leaving the house and the more notice you give, the less likely it will be a concern.
You will not relinquish any rights to an equal division of marital property by leaving the marital residence. I recommend in all cases to obtain a “non-abandonment” agreement that can be quickly drafted by any competent attorney. Good luck
Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.