Spouse keep calling the police for nothing

We sleep in different rooms.(started in 2006) My spouse/roommate starts an argument then get mad when I argue back. Then, calls the police. I have never been arrested despite the numerous time they have come to the home. The police warned both of us if they keep coming to the home for nothing both will be arrested and lockup for 48 hours. We are going to get a divorce and I am moving my things from the home because of the ongoing verbal abuse and so many things a marriage is not. If I move out of the home today! because of the verbal attacks is that abandonment of a spouse.

The situation you describe is likely not abandonment.

To be considered abandonment (a form of marital misconduct), then the cohabitation of the spouses must have ended without:

  1. justification
  2. the consent of the other spouse, and
  3. the intent of renewing cohabitation.

Check out our article What is Abandonment? for more detailed information.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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