Starting the seperation process


#1

If I am ready to start the seperation process how do I proceed without being accused of abandoning my spouse and child. Is there paperwork or anything that needs to be filled out before hand. Also is it of fault for the person that leaves the home when it comes time to get the divorce finalized?


#2

There is nothing to be filed, but you may wish to have your spouse execute a non-abandonment agreement.
Typically however, abandonment is a term that lawyers throw around, the actual claim provides little in the way of relief these days.
In my opinion however, it is best to get a full separation agreement in place before you go, especially if child custody is an issue and you will be leaving the home.