Sir, My daughter, wants to leave her husband because of severe mental abuse. Can she leave the state of New York and come to North Carolina without legally separating, or would that be considered abandonment?
Abandonment requires that the person leaving be absent for one year or more before it can be grounds for divorce. If your daughter is the one who wishes the divorce, however, then even if she has “abandoned” her spouse, she should not care because it is she who wishes to terminate the marriage.
I believe it is a terrible mistake for her to leave without getting a legal separation and divorce. To start her life over and get on with her new life, she must be legally divorced, and it is vital to take care of these matters with a professional, experienced matrimonial attorney who can assist her in doing it right. Leaving the situation without legally separating and divorcing will ultimately prove to be a serious mistake that she will regret later on in her life.
Please contact me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions