Separation Agreement; Disability


#1

My spouse wants to separate and also wants me to leave our house while my spouse stays. We would share time with two children 50/50.

I am on disability income and my spouse is unemployed, but we have substantial savings. We are both looking for jobs. I could start in January.

I wonder what we would need to put in a separation agreement to state that I am not abandoning my spouse and children.


#2

Prior to you moving out of the marital residence, you would need to execute an agreement (it is binding as long as both spouses sign it and both signatures are notarized) that states that there is a mutual agreement to separate for the purpose of dissolving the marriage and obtaining an absolute divorce, that your departure from the marital residence shall not be considered abandonment or constructive abandonment, and that your departure shall not serve as the basis for any claims or defense to any actions that either of you may file against the other.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.