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  • Start Here
    • Read This First
    • Do you need a divorce lawyer?
    • What to Do if Your Spouse Won’t Leave
    • The Truth about Divorce in North Carolina
    • What is a Legal Separation?
    • Initial Consult Questions
    • The Cost of Divorce
    • Therapists We Recommend
    • NC Family Law Blog
  • Services
    • Initial Assessment
    • Separation Agreements
    • Divorce Mediation
    • Absolute Divorce
    • Alimony in NC
    • Property Division
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    • Child Support
    • Collaborative Divorce
    • Divorce from Bed and Board
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What is abandonment? If I leave the house will it hurt me?

You are here: Home / What is abandonment? If I leave the house will it hurt me?

Abandonment in North Carolina is a factor that the courts can consider in awarding alimony. Abandonment is also a ground for a divorce from bed and board.

In order to prove abandonment, a spouse must show that you:

  1. Willfully brought cohabitation to an end (i.e. you moved out);
  2. With the intent not to resume it (i.e. when you moved out, you intended to stay out);
  3. Without the consent of the other spouse; and,
  4. Without provocation.

There are a couple of important points here. First, if your spouse wants you to leave or consents to you leaving, then they have given you the consent needed for you to leave without abandoning them. That consent will destroy any claim that you abandoned them.

Second, even if your spouse does not consent to you leaving, if they have provoked you into leaving, there is no claim for abandonment.

If, however, you move out without telling your spouse and they didn’t consent or provoke you to leave, then they may be able to argue to a judge that you abandoned them. However, this is very rarely the case.

If you have questions about whether you should leave without a separation agreement or want to know if your spouse has “abandoned you”, then give our office a call at (919) 460-5422 to schedule a no-risk consultation.

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About Our Firm

The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. We provide services throughout North Carolina’s Triangle area including Raleigh, Apex, Holly Springs, Garner, Morrisville, Durham, Research Triangle Park, Chapel Hill, Carrboro, Wake Forest, Wake County, Durham County, Orange County and other nearby cities and towns.

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