Step 1: Get an attorney
Step 2: Get custody of the children
Step 3: Get child support
Step 4: Get post separation support
Step 5: Wait 1 year
Step 6: Get a divorce
Step 7: Get alimony

Sorry for the bluntness.

She may have a case for abandonment. If he refuses all requests to pay household expenses and family support. It is not automatic nor a sure thing. See Step 1.

There is no special claim for abandonment it is an issue that you raise when you are litigating the issue of alimony. Abandonment means that one spouse left without adequate provocation, if she had an affair the court would likely consider it adequate provocation. It is not clear from your post whether she actually had an affair or not, can you clarify?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

A husband walked out on his wife and told me that their marriage is over because he suspects the wife is having an affair. The wife have tried several times to get him to return home but he won’t. She also suggested they go through counseling and he said their marriage was over and beyond counseling. Now with out job and trying to figure out if she will still be able to take care of the bills and the kids. Has the husband abandoned the wife? How do you go about filing this against the husband and proving it?