Seperation question?


#1

I also wanted to add that he doesnt want the seperation. He says that if there is no one else involved aka another man, that anything can be worked out. Thing of the matter is that I just dont love him like a wife should. I love him for the person he is, father to my child, but to say that I want to be with him forever isnt the truth. We got married very young and he doesnt understand that people grow up and realize they are completely different and want completely different things.

Question is that because he doesnt want the seperation is that an issue?


#2

Dear Sadntired:

Greetings. Yes, it is considered abandonment.

The separation agreement can come anytime prior to the date of divorce.

No, if you agree you do not need an attorney, although I still think it is wise to hire one to draft your agreement, even if you both agree.

It will be hard to get them later, but you do not technically forfeit them, so I suggest that if you want it, that you take it when you go.

Thank you and good luck.

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.


#3

If I leave my marital residence with my 3 year old son and tell my husband where I am planning on going(which is just down the street to live with my parents)is it considered abandonment?

Also I know I have to have a seperation agreement in place and I am working on that now, do I have to have it the day I move or can it be later once I am out?

If we can agree on all terms both on child support/custody do we have to go thru an attorney and the state?

Do I want to make sure I take everything I absolutely want with me when I make the move or can I get it later or by law becuase I left without certain things will I forfeit them?

Any advise or answers would be greatly appreciated.

thanks,
sadntired