Working from the marital residence while separated

My spouse and I want to separate amicably and civilly. For the time of separation, I am willing to move out of the marital residence for the one-year requirement. I will be renting a small place only two miles away. However, I work from home now, my office is in the home and it would be difficult to move my office to the temporary rental. She works outside the home during the day. Can I come back to the marital residence and work during the day and leave in the evening without violating what NC recognizes as being separated?

If you move out into your own residence, then you will need your wife’s permission to come into the home at any time.

If she is in agreement for you to work from your home office located in the marital residence, then this would be acceptable for separation and divorce purposes.

Anna Ayscue

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

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