I am leaving my husband of 14 1/2 years. He has had numerous affairs and had one about 3 months ago. We still live together. I am leaving at the end of February due to affair he had 3 months ago. We have not slept together sense October. I don’t want it to look like I abandoned him. I want a legal separation. What steps do I need to take.
You can either first separate and then negotiate the terms of the separation (property division, alimony/postseparation support, and if applicable, child custody and child support), or you can negotiate the terms before a separation and have them included in a separation agreement. This decision is usually personal preference and/or depends on the circumstances surrounding your individual situation.
You cannot be considered to have abandoned your spouse if you are justified in leaving the marriage. You are justified in leaving the marriage if you cannot continue the marital relationship with safety, health, and self-respect, assuming you have not condoned the affair.
The only requirement in NC for spouses to separate is that they live in separate residences. There is no document you have to sign and nothing to be filed at the courthouse.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh
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