Seperation Question


You are separated as long as you are living in different residences and he does not stay the night at your residence.

You can get temporary custody through a DVPO if he has been violent recently. You can also go through an attorney to do that, but that could get expensive.

GOod Luck


Dear marinewife_atrop:

Greetings. Yes, you are legally separated even if he is living just next door with a friend/neighbor. Yes, you can file for emergency custody. 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.


I have a big question…

My husband and I had a fight a week ago and I left the house and came back a few days ago. He is in the military and I guess started the seperation process…well my question is this

He is not staying at our home but at the neighbor’s house right next door to us, is that still considered seperation? It seems kind of odd to me that it would be seperation if he is right next door.

Also I was wondering if there is such thing as emergency physical custody of a child? I am afraid he is going to take our 22 month old daughter, he has a temper and history of domestic violence, is there a way to legally prevent him from taking her?