Dear sherree:

Greetings. I answer this same question ALL the time. You are already legally separated. The date of your legal separation was the date he moved out. Yes, you should get an attorney. No, there is no form at the court house for you to fill out.

Do not do anything with his stuff until you consult an attorney. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

As of June 3rd, my husband and I have been living in seperate homes. I have ask him to get a legal seperation started, but he refusses. My husband has admitted to having an ongoing affair with a younger female and I just want to get this over with. What should I do to get this started? Do I need to get an attorney, or is there a form I can fill out at the Court House.
I have moved out of the home we lived in, he is living in his bosses apartment above the bar he works for. He left most of his clothes and refusses to come and get them from my new home. I want to just take them to the bar and drop them off but I am not sure that it is legal. He has abandoned everything, I have moved it, can he still claim the household items. What can I do? Please help, I don’t know what or how to go about this. I have never lived in a State that requires one year of seperation before a divorce.