Seperation


#1

Dear Rick:

Greetings. First, do not move out. You should not move out without a signed separation agreement. If you move out and she refuses to move out, you may be stuck in SC with the lease and without primary care of the children.

If you and your wife have come to an agreement, get it in writing. I can honestly say that it is better to spend the money to get the agreement now, then pay for it later.

As far as the moving to South Carolina, it may be construed abandonment and not in the best interests of the children. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#2

So even though I would only be moving about 1 mile from our house. because it is in SC not NC that may be a problem. Also she teaches in SC and our kids go to school in SC. The lease will be in her name not mine.

Rick


#3

Dear Rick:

Yes, I believe it is a problem. Regardless of who has their name on the lease, you are entitled to remain in your home unless evicted by the court. I believe that you should remain in your home until a separation agreement is signed. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#4

I am planning on moving out of our home in Oct. I will be going to an apartment close by so we can just exchange places when i visit the kids. The problem may be that the apt is in SC and our home is in NC. The plan is for me to move back in our home in mo.and she will then move out. Giving the kids an adjustment period. If either myself or her sign a lease in SC could there be issues that may arise from this.

Rick