How do you decide who moves?

If you live in North Carolina and are thinking about divorce, you probably know that if you want a divorce, you have to separate from your spouse for at least a year.  Unfortunately, it’s the separating part that is tough.  Legally speaking, you could request a divorce from bed & board, or if there is domestic violence you can request a restraining order – but short of those two options, there really aren’t a whole lot of options.

You either need to wait until things get so bad that you decide to leave, or perhaps your spouse will reach their breaking point first.  Certainly, moving out of the house is one bargaining chip that could be used when negotiating a separation agreement, just like alimony or division of assets.  When there are kids involved, it can be even more difficult.

However, whatever you do, make sure you do not have an adulterous relationship with anyone else while you and your spouse are still under the same roof.  Doing so could lead to potential claims for criminal conversation, alienation of affection, or even cut-off any claim for alimony (or require you to pay alimony) as a result of the adultery.