get a legal seperation agreement signed prior to you (or him) moving out that is the best for both parties. If you can agree on things having one drawn up for you to sign (it must be witnessed) is not that expensive.


Dear jwhite:

Greetings. It is legal the moment you stop living together and one of you intends it to be permanent. Since you will have a difficult time proving to a judge that there was no intent on at least one of your parts, better to have an agreement, don’t you think?

I would not leave if I were you - yes, that is abandonment. Talk to an attorney before you do anything else. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

My husband and I both agree that we should separate. We are not, however, ready to make it legal as of right now. We are still living together at this moment. He refuses to leave the house and expects me to. What do I need to do? I don’t want my actions to hurt me if we decide to go forward with legal action. (I ideally would want to stay in our house. If I leave, couldn’t he say I abandoned him?