husband won’t leave. Can I leave with the kids?

We don’t get along. I want to sell the house so we can get separated and have some funds to get new places. He doesn’t want to sell the house and he doesn’t want to leave. I stay at home with the kids, 2 and 1 years old. Can I leave with the kids and file for formal separation with an attorney? I have been told that I can not leave. That he will call the cops and get the kids returned to their home.

Asked on May 21, 2009 under Family Law, North Carolina


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No you cannot pick up and leave because it is true that the children will be forced to return

If you want to divorce or separate you need to see a matrimonial attorney asap to get the paperwork filed. Unfortunately until the paperwork is handled the the process gets underway you are not legally allowed to pick up and leave. You of course can if you desire although there are many negative implications if a spouse leaves prior to the separation or divorce but the kids are definitely not able to be taken legally

So i advise you start this proceeding right away to ensure that you do not have to live in a situation you are uncomfortable with any longer than necessary

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