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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I want to leave my marriage Money is separate No shared

Customer Question

I want to leave my marriage
Money is separate
No shared kids
She has more then me... I don't want a dime.
I just want to go ... But I don't want to get stuck with abandonment ??
She lived the life style before I arrived and owns her house and condo.
Married less then one year
Any dangers
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. Is she agreeable to a separation or is it a divorce you seek? What state, please?
Customer: replied 1 year ago.
Also she has a 30K diamond .... In NC any way to salvage the loss
Customer: replied 1 year ago.
No .... She is not ... If I try and leave she will lock me out ...
Expert:  Samuel II replied 1 year ago.
Thank you.If you gave her the ring in contemplation of marriage and there is a marriage, then it is a gift and the condition of the gift has been fulfilled, unfortunately.Let me review some NC laws for the first inquiry. Thanks for your patience and I will respond here accordingly.
Expert:  Samuel II replied 1 year ago.
In the meantime, do you have a specific reason for leaving the marriage - in other words is her conduct such that you cannot live with her - ie abusive or infidelity?
Customer: replied 1 year ago.
She has a trust issue from he past and is always blaming me snooping for something. I feel like she may set me up for something. Verbal abuse ... Always on me for ... Working.
Customer: replied 1 year ago.
BTW she is the verbal abuse ... Always degrading me...I contribute 2000 a month for bills.No house payment ... She has her on company makes more then me. Can she try and make me continue and pay the 2000 a month
Expert:  Samuel II replied 1 year ago.
Thank you.Well, I suggest you might want to consider mediation. You certainly can move out of the home for your peace of mind, health and well being without a threat of abandonment. Abandonment may be consider in a request for spousal support. However if she owns that home, and is able to live in the style to which she has been accustomed, that I would argue no support is necessary, that you did not abandon her but that she made it impossible for you to continue to live there as it was mentally and emotionally abusive.
Expert:  Samuel II replied 1 year ago.
A court can consider spousal support requests with or without you leaving the home. In making a determination, the court will evaluate the following:the relative earnings and earning capacities of the spousesthe ages and the physical, mental, and emotional conditions of the spousesthe duration of the marriagethe standard of living of the spouses established during the marriagethe relative needs of the spousesthe contribution of a spouse as homemakerthe relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needsthe extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minorthe amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical insurance, retirement funds, other insurance, or Social Securitythe marital misconduct of either of the spouses through the date of separationthe contribution by one spouse to the education, training, or increased earning power of the otherthe property brought to the marriage by either spousethe relative assets and liabilities of the spouses and the relative debts of the spouses, including legal obligations of supportthe federal, State, and local tax ramifications of the alimony award, andany other factor relating to the economic circumstances that the court finds to be just and proper.
Expert:  Samuel II replied 1 year ago.
You can read that NC Statute at this LINK
Expert:  Samuel II replied 1 year ago.
If you consult with a local family law mediator you may find that a separation agreement can be drafted wherein she agrees a divorce is imminent and the agreement will last until you have met the requirement of a one year separation before a divorce can be filed.

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