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For instance, in most cases where the parents are still living together, neither can ask a court to determine which should have custody of the children.
Also, neither party can file a complaint for absolute divorce until they have been separated for at least a year.
Abandonment carries with it many negative connotations, but determining whether a spouse's departure meets the legal definition of abandonment requires an evaluation of the facts.
Until 1995, if one spouse legally abandoned the marriage, that constituted fault, for which alimony could be awarded to the other spouse.
In determining the amount and duration of alimony, the court must consider all relevant facts, including but not limited to: Abandonment of one's spouse continues to be defined as marital misconduct, so the judge may consider it.
However, it is only one factor of many which the court is required to examine.
We often hear people say that they are staying in a marriage because they do not want to "abandon" the marriage.It is perfectly acceptable to use marital funds from a joint bank account, for instance, to make a security deposit on an apartment.And if one spouse has cut off the other's access to marital funds, North Carolina law allow for an interim allocation of cash or assets to enable a needy spouse to move out.Thus, if there is a marital bank account that one spouse controls, the other spouse is still generally entitled to half of the money in that account.A financially dependent spouse should explore all options when trying to gather the resources to move out of the house.