Separation advice

You will need to consult with an attorney. Though your spouse may not agree with separating, if you have no preference, you could move. As long as you have a separation agreement in the works or have made your intentions clear, have devised a plan to care for your finacial responsibilities and custody (if there are children) then there would be no abandonment issue.

If you think that you have a chance of making your marriage work, you may want to consider counseling. It takes two to make a marriage. I understand that he may have had these intentions before, but maybe someone with an outside view would be helpful. This is all providing that you want to work on the marriage. If you do not want to work on the marriage then nothing will help.

It is possible you could simply move out if he refuses to do so. However, you should consult with an attorney before taking this step.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My husband and I are having marital problems for a few years now. I have already told him I want to separate for some time (few months or may be more) to see if divorce is really the solution. He is not agreeing to living separating and says he will work on improving things. But he has said this so many times in the past with no result that I don’t want to take his word this time.

I want to know that in the event he does not agree on living separately, is there a legal way by which I can enforce this? We own a house together and I do not have a preference at this time who gets to stay in it as long as it is equally split if we do decide to divorce later.