Separation


#1

Did you put her there


#2

LOL! No, SHE put me there. I was in the hospital after a near death heart attack from the stress of living with her and her PMDD. When I went into the hospital after going unconscious while driving down I-40 and being taken to the hospital via ambulance, she changed the locks on the door and claimed I had moved out. After the hospital called her several times to notify her of my condition she finally returned the call and as I was lying there near death her first and only question to me was “did you take my laptop” !!! We had been married a whole 6 weeks at that time and it was her second lock out and threat of divorce. The previous one was 28 days before.


#3

Oh ya, certainly can. Use that as the date you seperated…


#4

What about the “malicious turning out of doors” doctrine? Wouldn’t that apply since I had not moved into a separate residence with the intent to continue living apart from one another?


#5

Dear Powerpro:

Yes, one spouses’ hospitalization can be used as the date of separation, as long as one spouse had the intent to remain separate and apart (regardless of which spouse had the intent). 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

ROSEN.COM

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.


#6

Can the date of a spouse’s hospitalization be used as the date of the start of separation?