Nope you are not creating any particular problem. Be aware, however, that once you move out you can not go back if your spouse tells you to stay away. Don’t expect to change your mind and return to the home at a later date.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Before moving out of your house I suggest you get legal counsel. Your wife appears to want a legal separation. Even if you are not the one to initiate it I would suggest contacting an attorney. Good luck. You may want to check out the other support forum.
I was told by an Attorney that there is no such thing in N.Carolina as a legal seperation. It is a Seperation Agreement and once signed it means you can’t come back into the home without permission (legally). If this is not signed you can come back whenever you want to. Until that is agreed upon if you decide to move out make sure you have her sign papers saying you are not abandoning her. (Can’t remember the legal name but, I’m sure someone here knows the correct name).
If that was the advice you received, that was incorrect. In North Carolina, you are legally separated once you and your spouse physically separate, and live in separate residences. You do not need a separation agreement or any other document in order to be legally separated in North Carolina. It is true, as Lee said, that once you move out, if your spouse says you can’t come back into the house, then you cannot. It is a misdemeanor crime of domestic criminal trespass. If you believe abandonment might be an issue, you can have a Non-Abandonment agreement done before you move out. But, that is not a separation agreement, nor does it impact whether or not you are legally separated.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax NCdivorce.com
email: sstanback@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.
My wife told me one week after we moved into our new home she wanted a seperation. I was shocked, but over the course of the next few weeks realized she was very serious.
Although if it were up to me, none of this would happen, I have begrudingly agreed that one of us should probably leave. Due to circumstances - she works from home - I travel a lot, I have decided to get an apartment and she has agreed to sign the lease to allay some of my concerns as to - she wanted a seperation and I am the one moving out.
We have talked about what furniture I can take very informally. She has stated that one of the reasons that we should not rush into selling the house is that we have not worked out any of the financial details and time with our son if we do get a divorce, and to see if the relationship can be worked out between us.
If I leave under duress, but because it makes practical sense that I leave rather than her, she is willing to sign the lease at the apartment and this a trial seperation - am I making some huge mistake? I would prefer not to start a war when ultimatley the goal is to fix the marriage.
We have worked out basic finances during the interim and I can say comfortably, we are both contributing just like we did before. Also, I would imagine that a lot of people go through a seperation situation similar to mine - sometimes it works out, but sometimes it does not. If mine does not, am I setting a huge bear trap for myself by agreeing to seperate?