Want to separate, don't have a job


#1

Dear NeedaChange:

Greetings. My advice is that you first take half of the marital funds from the joint accounts and place them in accounts in your sole and separate name. Remove your husband from any of your credit card accounts. Then, retain an attorney to start drafting a separation agreement and property settlement. This step will lead your husband to realize that he must make some decisions ASAP, and generally this is the time when he will actually start negotiating a separation and the property division.

Now, if he does not move you need to work on getting a non-abandonment agreement together before you relocate out of the home. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Hello,

I want to start the separation process from my husband. I have stayed home for the past 11 years to care for our children, ages 8 and 11. He wants to work on the marriage and I don’t. I can’t force him to move out and how can I rent an apartment if I don’t have a job? I want the children with me, I have given up my career to raise them. We own our home and three cars and have lots of money in joint accounts. How can I do anything if he is not willing?