# Leaving the Primary Home **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 20, 2007, 9:15pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071 "2007-01-20T21:15:10Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 20, 2007, 9:15pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/1 "2007-01-20T21:15:10Z")
Dear Kriddick, I am sorry to hear about what you are going through. There is no legal reason you cannot move out, however if you are the primary wage earner you should consult with an attorney before leaving. If your spouse is left without funds to pay his bills there may be an issue of abandonment. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.256.1665 direct fax 10925 David Taylor Drive, Suite 100 Charlotte, North Carolina 28262 704.644.2831 main voice 704.307.4595 main fax 1829 East Franklin Street, Bldg 600 Chapel Hill, NC 27514 919.321.0780 main phone 919.787.6668 main fax > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![KRiddick](https://avatars.discourse-cdn.com/v4/letter/k/6a8cbe/32.png) [@KRiddick](https://forum.rosen.com/u/KRiddick)\ **Post date:** [January 22, 2007, 5:39am UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/2 "2007-01-22T05:39:05Z")
> quote: > * * * > [i]Originally posted by Helena Nevicosi[/i] [br]Dear Kriddick, > > I am sorry to hear about what you are going through. There is no legal reason you cannot move out, however if you are the primary wage earner you should consult with an attorney before leaving. If your spouse is left without funds to pay his bills there may be an issue of abandonment. > > Helena M. Nevicosi > Attorney with Rosen Law Firm > > 4101 Lake Boone Trail, Suite 500 > Raleigh, North Carolina 27607 > 919.787.6668 main phone > 919.256.1665 direct fax > > 10925 David Taylor Drive, Suite 100 > Charlotte, North Carolina 28262 > 704.644.2831 main voice > 704.307.4595 main fax > > 1829 East Franklin Street, Bldg 600 > Chapel Hill, NC 27514 > 919.321.0780 main phone > 919.787.6668 main fax > > > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. > > 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. > > * * * ---
**Author:** ![KRiddick](https://avatars.discourse-cdn.com/v4/letter/k/6a8cbe/32.png) [@KRiddick](https://forum.rosen.com/u/KRiddick)\ **Post date:** [January 22, 2007, 5:40am UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/3 "2007-01-22T05:40:50Z")
If I file for legal separation while I am in the house, will it protect me from having him eligible for any further claim on the property? I will make an appt. with my attorney, but have to make a decision on whether or not to pursue the home and spend any more money than the original $500.00 to make a bid. > quote: > * * * > Originally posted by KRiddick > [br]My husband had a 4 year internet affair with the same woman with internet and phone sex. I am planning to purchase a property that I can stay in for a while during this difficult time because he will not leave. Can he charge desertion or take anything away from me? Everything is in both our names. I have all the proof. It was an emotionally devastating time. I tried to get him to stop and he continued to lie and continue behind my back. I am not looking for legal separation or divorce at this time, but need to not be in this house. Can I do that? > > * * * ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 23, 2007, 8:35pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/4 "2007-01-23T20:35:42Z")
Dear Kriddick, There is nothing to file for a legal separation. You are legally separated on the day you begin living in separate residences. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.256.1665 direct fax 10925 David Taylor Drive, Suite 100 Charlotte, North Carolina 28262 704.644.2831 main voice 704.307.4595 main fax 1829 East Franklin Street, Bldg 600 Chapel Hill, NC 27514 919.321.0780 main phone 919.787.6668 main fax > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![KRiddick](https://avatars.discourse-cdn.com/v4/letter/k/6a8cbe/32.png) [@KRiddick](https://forum.rosen.com/u/KRiddick)\ **Post date:** [January 24, 2007, 6:06pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/5 "2007-01-24T18:06:37Z")
Why has the state of NC not done something to include the damage done to marriages due to very long and intimate internet affairs. I have heard it is an indignity, but 33% of divorces are now related to this and the injured spouse can only hope for equitable distribution of the assets after the other spouse’s actions. Is this going to be taken into considerationin the future? THis is not going away and gets worse every day. Thank you for your input. I have an appointment with an attorney tomorrow. If I get a divorce, who would be willing to be an advocate with me to lobby the legislature to do something about these affairs, even if there has been no actually physical touch, but there is sex, deceit, and tremendous mental anguish? Thanks. > quote: > * * * > Originally posted by Helena Nevicosi > [br]Dear Kriddick, > > There is nothing to file for a legal separation. You are legally separated on the day you begin living in separate residences. > > Helena M. Nevicosi > Attorney with Rosen Law Firm > > 4101 Lake Boone Trail, Suite 500 > Raleigh, North Carolina 27607 > 919.787.6668 main phone > 919.256.1665 direct fax > > 10925 David Taylor Drive, Suite 100 > Charlotte, North Carolina 28262 > 704.644.2831 main voice > 704.307.4595 main fax > > 1829 East Franklin Street, Bldg 600 > Chapel Hill, NC 27514 > 919.321.0780 main phone > 919.787.6668 main fax > > > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. > > 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. > > * * * ---
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [January 31, 2007, 8:45pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/6 "2007-01-31T20:45:45Z")
Dear KRiddick: Greetings. First, how are we supposed to know why the state of NC does something or not? Silly - we are not elected officials - ask one of them! [;)] The laws of alienation of affection and criminal conversation still exist. Good luck. Janet L. Fritts Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.256.1665 direct fax 301 McCullough Drive Suite 510 Charlotte, North Carolina 28262 704.644.2831 main voice 704.307.4595 main fax 1829 East Franklin Street, Bldg 600 Chapel Hill, NC 27514 919.321.0780 main phone 919.787.6668 main fax > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![KRiddick](https://avatars.discourse-cdn.com/v4/letter/k/6a8cbe/32.png) [@KRiddick](https://forum.rosen.com/u/KRiddick)\ **Post date:** [January 19, 2007, 2:36pm UTC](https://forum.rosen.com/t/leaving-the-primary-home/4071/7 "2007-01-19T14:36:41Z")
My husband had a 4 year internet affair with the same woman with internet and phone sex. I am planning to purchase a property that I can stay in for a while during this difficult time because he will not leave. Can he charge desertion or take anything away from me? Everything is in both our names. I have all the proof. It was an emotionally devastating time. I tried to get him to stop and he continued to lie and continue behind my back. I am not looking for legal separation or divorce at this time, but need to not be in this house. Can I do that?