Do I need a family law attorney
I want a divorce& I own my home which is in my name but I have to move out for 1 yr(per n.c law) will it be considered abandonement of the home?
4 attorney answers
1. Go see an attorney.
2. I am not NC barred, so I cannot answer the question about property rights, however, you are confusing "abandonment" here. The issue is abandonment of the marriage, not the realty. The real question maybe here, why haven't you considered having your soon to be ex removed?
3. Do not move out until you see an attorney.
4. Move out of the master bedroom and into a guest bedroom. Do not have sex with your soon to be ex.
5. Do not commit adultery.
6. Do not do anything stupid.
7. If you have joint credit cards, you may want to consider closing the account(s). (See an attorney).
8. If you have a joint bank account, you may want to consider protecting yourself from the money grab.
9. Get your expensive or collectibles out of the home. For now, let mom hold on to them for you.
I am licensed to practice law in MD and DC only. You should seek the assistance of Counsel barred in your State for legal advice. This response is for educational purposes only and is in no way to be deemed a legal opinion of Counsel. This response is in no way to be considered that I have consented to be your attorney or that you have retained me as your attorney.
I am also not licensed in North Carolina, but agree with my colleague's analysis.
Many experienced family law attorneys provide a free consultation, and I suggest that you take advantage of that opportunity. I am not clear why you "have to move out for 1 yr(per n.c. law)". Local counsel should be able to assist.
You should speak to a family law attorney before making any decisions in this situation. I would really need to know more facts. Based on the limited facts that you provided, you may have property division issues, post separation support, and alimony issues.
Please note that nothing in this communication creates an attorney-client relationship and is provided as general information only.
In North Carolina, you do have to live separate and apart from your spouse for one year and one day before you can file a lawsuit for absolute divorce. However, there are lots of other legal issues that you need to talk to an attorney about before you move out of the house: spousal support, the division of marital property (equitable distribution), divorce from bed and board to just name a few. While others have suggested a free consultation, I suggest you pay for a comprehensive consultation with an experienced family law attorney who can listen fully to your situation and then advise you on the law.