recently i went to see a divorce lawyer here in my county.we got to talking about what was going on at the house and finally what led me to see a lawyer. he point blank told me to get out of the house before me and my spouse even talk about a separation agreement.and my question to him was will she not get me for abandonment .ok now here is my question was the lawyer wrong in telling me to leave the residence before an agreement was signed between us?any help is greatly appreciated.
I cannot say whether this particular attorney’s advice was good or bad. I don’t know all of the facts as they were presented to him. In general though, it is better to have a separation agreement in place prior to the physical separation to avoid any possible claim of abandonment down the road. It’s also easier emotionally for the parties usually to take care of things as soon as possible, rather than let them linger and potentially cause more resentment and hostility by dragging things out.