# Spousal abandonment

**URL:** <https://forum.rosen.com/t/spousal-abandonment/5121>\
**Category:** Divorce and Separation Answers\
**Created:** [October 11, 2007, 10:02am UTC](https://forum.rosen.com/t/spousal-abandonment/5121 "2007-10-11T10:02:06Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [October 11, 2007, 10:02am UTC](https://forum.rosen.com/t/spousal-abandonment/5121/1 "2007-10-11T10:02:06Z")

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Abandonment can include many things, but generally, it means that you have left your spouse without a means to support themselves or the minor children, or that you have left the marital relationship with out provocation. If you are considering separating, even on a temporary basis, you should consult with an attorney first to make sure all your legal rights are protected.

In this state once you are separated (meaning living in separate residence with the intent to remain apart permanently), the spouse who lives in the former marital residence can change the locks and tell the spouse who has left not to come back. If that spouse comes back after being told not to, they have committed the misdemeanor of Domestic Criminal Trespass.

If you leave the residence and begin living somewhere else she can change the locks and forbid you to come back to the residence. If you leave only on a temporary basis, the outcome is not always so clear. If she changed the locks and told you not to come back, your only option might be to go to court and ask the court to order her to let you back in.

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

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1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![torrero](https://avatars.discourse-cdn.com/v4/letter/t/d9b06d/32.png) [@torrero](https://forum.rosen.com/u/torrero)\
**Post date:** [October 8, 2007, 9:28am UTC](https://forum.rosen.com/t/spousal-abandonment/5121/2 "2007-10-08T09:28:25Z")

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I believe I asked this before but I’m not sure of the answer,  
or maybe you can explain to me the definition of Spousal abandonment.

If I told her that I needed some time to myself to think about the  
relationship, to consider everything that is happening.

And then I go (for 1-2 weeks) is this Spousal abandonment ?  
What ramafications do I face ?  
Can she tell me I can’t return to the house ?

Also I run a home business from here and how could I continue this  
if I decided to seperate ?

Thanks.
