I suggest at least consulting an attorney, getting a separation agreement drawn up prior to moving out. It may take a couple of extra days but it could possibly affect things down the road. Even if your spouse will not sign the agreement, it does at least state your intentions to separate and make allowances for finacial and legal coverage for the marital assets and debts. This should keep the “abandment” issue out of the equation.
The decision to leave has already been made but you need to look at your future also. Not necessarily the next year but down the road. You say that you don’t want to take anything but you are entitled to 1/2 the marital assets. The best thing to do is to protect yourself now. In reading on this web site, there are a lot of things that people will agree to just to get out of a situation but two years later realize they can not live with what they have agreed to and legally they have no way out.
Consult an attorney…get a fair separation agreement in the works.
You should consult with an attorney before deciding to move out. Generally, something can be worked out to allow you to move out, however, it is best to make sure you have protected yourself legally before doing so.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
What are the legal ramifications if I just up and moved out of the house? I am not interested in taking anything at this point. I just want out! I make enough money to support myself. The problem being I know my spouse would be unable to afford our current living conditions.
I have talked to my spouse and my spouse is aware I am VERY unhappy in the relationship but is unwilling to allow me the option to separate. We have gone to counseling and I made myself perfectly clear that I am past the point of being able to fix the situation. However I have remained in the house and marriage due to financial reasons but the home life is just getting to be unbearable.
I feel lost and stuck in a situation I am unable to do anything about.
HELP!