Dear Rick:

I can only advise you on North Carolina law. In North Carolina, if one party to a marriage leaves the marital home, lives somewhere else, and the other party tells them that they cannot come back - THEY CANNOT COME BACK TO THE MARITAL RESIDENCE. If they do, it is domestic criminal trespass, a criminal matter, which is a misdemeanor. Once again, the best suggestion is for you to have a signed separation agreement and then move out. Best of luck!

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

What if for now I juat left and stayed with a friend. Possably a week then possably after that time moved back home. Then we did seperation papers and figured out what to do.We are planning to go to family recources to do a mutual sep. agreement. How do you feel about that.3