Dear crystals:

Greetings. 1) Yes, but your behavior was also constructive abandondment and a couple of other marital faults. 2) No. You should also send her a letter telling her that you forbid her to return and that if she does, you will file for Domestic Criminal Trespass. If you do not, you risk your spouse moving back in with you and then potentially filing a domestic violence action to remove you from the home. 3) First, McDonalds and other fast food restaurants are always hiring, so you can find employment, probably not a fabulous job, but one that pays you. You may also need to file for temporary public assistance. 4)You may have rights to alimony, but due to the 2 years of drug abuse, I doubt it. Also, you will be paying child support, since the child does not live with you.

Stay clean and sober. Things will eventually get better, but until then just keep trying!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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 found your website on a google search. This is great! Here is my situation. My wife (with my 16 yr old son) left our home about a month ago. At the time I was using drugs and not acting rationally, this is why my wife said she left to start the separation period. I am now clean and sober. I have asked my wife to come back and she refuses. She stated that she wants a divorce and the end of the one year period and does not want to live with me anymore. We have not signed a separation agreement. I have been unemployed for two years due to my drug problem. My wife said she is moving back into the house in 4 weeks, (3 now), I am now looking for work. Here are my questions;

  1. Does my wife’s actions constitute abandonment?
  2. Can she force me out of the house?
  3. If I can’t find work after a certain time (lets say a month), where would I be able to find a place to live and food to eat?
  4. what are my rights for child support and/or alimony?
    Thank You