Still married and wife cohabiting in another state


Dear Fiddlemikey,

You can file for custody of your 14 year old and child support for that child, especially since it sounds like your wife abandoned them. However, you cannot file for divorce until you and your wife have been separated for 12 months. You should talk to a lawyer in your area about either drafting a separation agreement or filing for custody of your minor child.

You may also have a case for alienation of affections and criminal conversation against her boyfriend. See our website at for more information. Keep in mind, you really only want to pursue those actions if the boyfriend actually has some money to pay you in damages.

I hope that helps!

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax

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 was wondering on what i might could do to my wife and her lover/boyfriend she left me a wk ago and went to his house to live she admits to being there and that is where she wants to stay we have 2 children one 21 one 14 can i seek temporary child support and do i have possible grounds for ??? i am seeking a divorce and custody of the minor child i would also like to seek child support we have been married 22 yrs as of thanksgiving
thanks mike