If my wife left 7 months ago, is it considered abandonment and I can get an immediate divorce?

Does she still have right to the house?

Asked on January 23, 2013 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your situation.  In North Carolina, abandonment occurs when a spouse brings cohabitation to an end without justification, without the consent of the other spouse, and without the intent of renewing cohabitation. This is considered a "fault" ground under the law. All three of these elements must be proved by the spouse seeking to show the other spouse’s abandonment and you must  live separate and apart for 12 months. Her rights to the house are separate and apart from the divorce issue and generally speaking, fault is not taken in to account in dividing assets.  So the answer would be yes.  Seek legal help.  Good luck.


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