Moving out

North Carolina Divorce Law Divorce and Separation Answers
1

Dear amh1:

Greetings. First, I am sorry to hear about the situation in your hame and with your family. Next, what is a “verbal domestic”? Do you mean verbal domestic dispute?

Yes, if you move, your wife can bar you from returning to the marital residence by telling you not to come back. If you returned to the home after moving out and having her inform you not to return, it would be domestic criminal trespass. Yes, you would commit abandonment if you left without a signed agreement.

Of course your separation agreement should be detailed. You only get ONE shot at the separation agreement. Therefore, it must be right the first time. It needs to contain EVERY SINGLE AGREEMENT AND WAIVER that you will need for the rest of your life…as this agreement will last your life time.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.

2

My wife has involved both our extended families in an ongoing, possibly unresolveable, battle. Her family has great resources, and essentially threatened to bury me in fees and legal fights if I try to get “legal” now. My question is in regards to moving out in a “cooling off” period. We had an unfortunate episode in which the police were called to a verbal domestic in our home. The outcome was “resolved exceptionally”, but she says she still feels “threatened” My wife wants me to move out and give us some space to cool off and spend personal time to self-reflect and decide if divorce is the only option. I don’t disagree with the idea, except through past experiences I fear a set-up. If I move in with my brother and his wife for a period of time as to cool off and seek to resolve marital differences, can my wife pursue abandonment or in any way keep me from my 3 yr old twin daughters? How detailed should our agreement be, and should it be written, re: move out, move in, set time of “cool off” period, visitation of kids, marriage counseling, etc.