Separation Questions


#1

If I tell my wife I want to separate and divorce.

  1. Can she make me move out of the house at this time I inform her?

  2. Once I move out and into an apartment, can I come back to get personal items if I could not get everything this first day?

  3. Do I need a separation agreement the day I move out? (I heard one is not required)
    If no separation agreement is draft. What determines date of legal separation?

  4. When is Alimony determined? day of separation? day of divorce?
    Same goes for Child Support

  5. If I give her money to help continue to pay the mortgage, car insurance, electric, etc… and then Alimony & Child Support is less than amount I’m giving her, could this cause problems?


#2

Not an Attorney

1…No, unless you’ve committed any of the following: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery…Then she could pursue a divorce from bed and board.

2…Yes, you should be able to, as the home still belongs to you both. She may try to change the locks and be difficult in which case you may need to seek an order from the court.

3…No…Date of legal separation is the day you establish a residence away from your ex with the intent to sever relations and live apart

  1. Alimony would begin when an agreement is made. Post-Separation support could begin when you move out. Child support obligation starts the day after separation.

  2. Money you give her now to pay mortgage, etc. would be post-separation support. CS would be a separate order. Alimony would replace PSS once agreed upon.

Here’s some good info on the various statues and how they changed post-1995

http://www.nclamp.gov/2010%20CLE/Alimony%20and%20Post%20Separation%20Support.pdf


#3

[quote=“BlueDragon”]If I tell my wife I want to separate and divorce.

  1. Can she make me move out of the house at this time I inform her?

Somebody has to move.

  1. Once I move out and into an apartment, can I come back to get personal items if I could not get everything this first day?

Most likely not.

  1. Do I need a separation agreement the day I move out? (I heard one is not required)
    If no separation agreement is draft. What determines date of legal separation?

No

  1. When is Alimony determined? day of separation? day of divorce?
    Same goes for Child Support

Court will decide

  1. If I give her money to help continue to pay the mortgage, car insurance, electric, etc… and then Alimony & Child Support is less than amount I’m giving her, could this cause problems?[/quote]

The court will set the amount.


#4
  1. She cannot force you to leave without a court order directing it, either through divorce from bed and board or a domestic violence protective order. I only mention this for my response to be thorough. Nothing you have said indicates that domestic violence is an issue.

  2. Unless you have a separation agreement that states if/when you can return for your belongings, she can change the locks and deny you access. If you don’t have a separation agreement, my advice would be to take everything with you when you leave.

  3. You do not need to have a separation agreement in place when you move, but if it is possible to negotiate one prior to the separation, I would advise to. An agreement is not necessary to show the date of separation.

  4. When an alimony award is entered by the court, the court may put an award in for support since the date of filing. Child support can include a retroactive award for the time between the date of separation and the time of filing.

  5. If you are providing support adequate to meet your spouse’s needs and the child support obligation, if the court awards alimony and child support,the court would likely not award retroactive support.


#5

Not an attorney

  1. If you move out of the house and get your own residence ,YES she can LEGALLY change the locks. YES you can go back to get stuff. If its not too much stuff, the police can escort you so you can get your stuff peacefully. Just call the non emergency #.

#6

Whether the police will assist you depends on the jurisdiction. You should expect that they will not assist you and that you will not have access to any items you leave in the residence.


#7

#2. I live in Raleigh and the police advised me to call them for an escort when I wanted to get some things from the house. I called them,and the came with me into the house while I gathered my things.