Legalities of moving out w/ PreTeen

I feel like I’ve tried numerous avenues over the past year to save my marriage. Since nothing has worked, I’m now ready to move out of the home that my husband, child & I currently share as my husband refuses to move out, get help for his alcoholism/addictions or go to any sort of therapy (for himself/marital). I’m basically stuck, unless I leave the home w/ our child. I’d like to make sure I take all appropriate measures before leaving though as I don’t want this to have any repercussions for myself/child. Our child is 12 & is tired of his ways, too (alcoholism).
What are the appropriate next steps to leave the home? We’d stay local & there’s no domestic violence. Thank you!

You can leave at any time, but you should notify your husband of your intention to move out, or if there is a safety concern, you will need to ensure he has immediate notice that you have moved out after you have actually moved out (for example, you leave a letter for him in the marital residence while he is gone).

In your notice to him, you will need to state that you are moving out, where you are moving to (unless there is a safety issue, then you can say that you will remain local and will be in a safe, child-appropriate residence), and offer a custody/visitation schedule, or ask that he contact you or your lawyer immediately to set up a custody/visitation schedule.

You’ll also need to address the payment of bills and expenses once you separate for example, who will pay the mortgage, car insurance, credit cards, car loan, utilities, etc.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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