Separation/Living Arrangements

[Daria]

Five days ago my husband and I decided on an amicable trial separation (New York). The marital home is in both our names. Although he initiated the separation, due to circumstances - partially monitary - it seems most logical for me to leave for the time being. I will stay with my Mother who can give me emotional support at this confusing time. We are both in agreement on this situation. However, I have been told I may be putting myself in legal jeopardy because later if and when a divorce is in process, I may be accused of "leaving" him or "abandonment" or some unknown legal term.
Does this make any sense? Any suggestions? Thanks.

 

[I AM ALWAYS LIABLE]

My response:

Yes, it does make sense.

Put your separation intentions in writing; i.e., that by leaving, you are not "abandoning" the home or the marriage, that it is only yours and his intent that you both need a trial separation and breathing room - - that you have both decided that you are to live outside the marital home, but that you retain full rights to return any time you want, and that he is not to lock you out.

Both of you sign and date it. Both of you sign and date two originals - - no photocopies of the "understanding".

IAAL

 

[housewife]

would thst still apply if the home was only in his name and was his before you got married?

 

[I AM ALWAYS LIABLE]

would thst still apply if the home was only in his name and was his before you got married?

My response:

Dear Housewife :

Please start your own thread for your questions, and ALWAYS tell us your State name.

IAAL