Does this count as abandonment?

If your husband has cut you off financially and has left you without the ability to support your children, then that may be considered abandonment.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

if there is proof of an affair BEFORE the date of seperation, you can get (additional) alimony for adultry too.

While adultery is a factor that affects alimony, it does not always mean the dependent spouse will get more alimony.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

Hi- thanks for reading.

I returned from my part time job to find my husband out of the house. He returned, drop our child off then for the following week only returned to get dressed for work then leave again. SOmeday during that week he told me to put all our stuff in storage, and go stay with my mom out of state (12 hours away). We already had an eviction notice, and since I did not make enough money to cover it (I work for tips) we knew we’d have to move out. Sometime during that last week he told me he was leaving me and had moved in with someone else.

I told him if he filed for divorce, he’d better own up to abandonment or else I would not agree- he says because of the eviction and the fact he sent me to live with relatives he did not abandon me. Is this true?

Also I have pictures of his new woman dated back since '06- hugging and embracing and this is the woman he has lived with and still lives with now (total of 6 months plus). He has admitted to sleeping with her even gone into detail about it with me. Will I be able to use adultery against him?