Seperated dating children
Leaving does necessarily constitute abandonment under North Carolina law, but understanding the concept of abandonment may help you make a decision about your separation.Abandonment requires moving out of the home without your spouse’s consent, without justification and with the intent to end cohabitation.When you legally separate from your spouse, this usually means you’re no longer living together but you haven’t gone through the formal divorce process yet.Domestic relations laws are different in each state, so it’s important to learn what rules apply to you based on where you live.Many clients who are planning to leave the marital home first have questions about abandonment.They fear that if they leave first it will negatively impact their ownership rights in the marital home or affect their rights to spousal support.
Being forced out of the home due to domestic violence, other health, and safety issues, or to maintain self-respect, does not constitute abandonment.
A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct.
These actions are very rare so it’s usually best that you and your spouse figure out a way to work this out.
Law enforcement cannot assist you in getting your children back from the other spouse, so it pays to be civil and come to some type of understanding.
If you can’t agree a child custody action will need to be filed with the Court.If you or your spouse move out with the intent to live separate and apart permanently, you’re separated.