Separation Agreement; Disability

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.

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

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