What is nc law on abandonment


Dear happyday:

Greetings. Yes, if you leave your home without a signed separation agreement it is abandonment, which is one marital fault listed under alimony. You should see an attorney now, before leaving, and determine if you need a separation agreement or non-abandonment agreement first. Best of luck.

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

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.


I am willing to be the party that physically leaves our home to begin separation. We do not have a separation agreement or have even begun the process. Someone told me that if I leave our home before we have a separation agreement, then that is considered abandonment and could come with severe consequences. Is this true?