If he leaves and refuses to provide the support that his wife was accustomed to, that could be construed as abandonment and could be a factor in an alimony award.

Two options to solve the problem: he could ask her to enter into a “non-abandonment agreement” and then leave the residence or he could initiate an action for Divorce from Bed and Board. Divorce from Bed and Board is a lawsuit in which one party asks a judge to order separation based on marital misconduct. You can read more about it at:


David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.

I have a friend who is in despirte need to get out of a marriage that he is in. Him and his wife have been married for about 18 years and have children together. He makes substatially more money than she, and pays a majority of the bills. He has asked her to leave, but she want do so. If he leaves he plans to take their oldest child who is 16 and has agreed to go with his father. If he does leave, is this
considered abandonment? He would still continute to pay for the other child left behind. Can he get her to leave somehow legally? Please Help! Thanks