Separation in the same house

#1

I am seeking to separate from my spouse, however, I need to share the same house. Both my daughter and wife have diagnosed medical conditions which would create financial and family hardships if I were to move out. I’m not looking to cut and run from my family and I’m not even looking at changing the way I support them financially - I simply want to separate. Living in a separate part of the house is an option (different floor) and I’m clear on the law under typical circumstances…but this is not typical.

Are there any circumstances where a diagnosed medical condition is taken into account during the terms of divorce?

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#2

Living in the same home will not count as a separation for purposes of an absolute divorce. You and your wife must live in separate residences. A diagnosed medical condition is not an exception.

However, it is possible to negotiate the terms of a separation (division of property, financial support, custody, etc.) while still living together in the same home. These terms would then be memorialized in a separation agreement. But one of the spouses will need to move out in order for the separation agreement to be effective and to obtain the absolute divorce.


Anna Ayscue

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

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