Separation vs. abandonment?

If he leaves w/o forwarding address, neglects the bills, doesn’t pay child support (or PSS, if awarded), and completely drops off the face of the earth, that is abandonment.

But one party simply relocating to a new dwelling, keeping the (joint) bills current, paying the child support, and ensuring that the departing party can be contacted, is not abandonment.

How about divorce from bed and board?

quote:
[i]Originally posted by bahumbug[/i] [br]My spouse said he could not leave the house physically in order to separate because it could be a strike against him for abandonment. Is ths true? If so, how do you separarate for a year before divorcing if on party will be accused of abandonment?

Generally, you can meet with an attorney first and execute a non-abandonment agreement, or some other agreement regarding the separation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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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 spouse said he could not leave the house physically in order to separate because it could be a strike against him for abandonment. Is ths true? If so, how do you separarate for a year before divorcing if on party will be accused of abandonment?