Is it abandonment when wife is fearful for safety?

[lilacwendy]

What is the name of your state?NC
Couple I know has been having problems for a few years, since before they got married. Husband would throw stuff when angry, very jealous of everything wife did, accusatory of everywhere she went, physical abuse (not hitting, but bruises from grabbing and throwing things).

Wife left house b/c she was scared w/o a separation agreement and send the separation agreement 2 days after she left the house. Is this abandonment?

[LdiJ]

Originally Posted by lilacwendy

What is the name of your state?NC
Couple I know has been having problems for a few years, since before they got married. Husband would throw stuff when angry, very jealous of everything wife did, accusatory of everywhere she went, physical abuse (not hitting, but bruises from grabbing and throwing things).

Wife left house b/c she was scared w/o a separation agreement and send the separation agreement 2 days after she left the house. Is this abandonment?

What does she think she may have abandoned? The kids?, the house?, the marriage?

If its any of those, then no, its not abandonment.

[lilacwendy]

She was told by the husband that she abandoned him.

[LdiJ]

Originally Posted by lilacwendy

She was told by the husband that she abandoned him.

Not from any legal standpoint.

[BelizeBreeze]

Not so fast ladies.

North Carolina provides a divorce from bed and board which may be used to legally force one spouse out of the marital residence, or to allow one spouse to move out of the marital residence and be protected from a charge of abandonment. In North Carolina the term "abandonment" means "willfully leaving the marriage without just cause and without the consent of the other spouse". "Leaving the marriage" does not necessarily mean physically leaving the marital residence, as becoming emotionally withdrawn may be considered abandonment.

Only the "injured spouse" can pursue a action for divorce from bed and board. However, if both spouses have cause, either could initially file the action for divorce from bed and board and the other spouse could make a counterclaim for it in their answer.

50-7. Grounds for Divorce from Bed and Board

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1) Abandons his or her family.
(2) Maliciously turns the other out of doors.
(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.
(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
(6) Commits adultery.


I would also suggest reading 31A‑1. Acts barring rights of spouse.

There is no timeframe within the North Carolina statues which triggers the grounds of abandonment from Bed and and Board.

[LdiJ]

Originally Posted by BelizeBreeze

Not so fast ladies.

North Carolina provides a divorce from bed and board which may be used to legally force one spouse out of the marital residence, or to allow one spouse to move out of the marital residence and be protected from a charge of abandonment. In North Carolina the term "abandonment" means "willfully leaving the marriage without just cause and without the consent of the other spouse". "Leaving the marriage" does not necessarily mean physically leaving the marital residence, as becoming emotionally withdrawn may be considered abandonment.

Only the "injured spouse" can pursue a action for divorce from bed and board. However, if both spouses have cause, either could initially file the action for divorce from bed and board and the other spouse could make a counterclaim for it in their answer.

50-7. Grounds for Divorce from Bed and Board

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1) Abandons his or her family.
(2) Maliciously turns the other out of doors.
(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.
(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
(6) Commits adultery.


I would also suggest reading 31A‑1. Acts barring rights of spouse.

There is no timeframe within the North Carolina statues which triggers the grounds of abandonment from Bed and and Board.

I understand the point that you are making...but unless I misunderstood the original post it appears that the wife initiated proceeding for a legal separation (which would be the "divorce from bed and board") two days after she left.

[BelizeBreeze]

Only if she filed under those grounds. Othewise, the husband can counter-file under the grounds and has a much lower burden of proof.