Support/ custody

Only a court can grant an absolute divorce; you or your spouse will need to file a divorce action. The cohabitation will not affect child support, but it may be a change in circumstances on the basis of which custody could be modified. Cohabitation in itself may not be sufficient to change custody; you will have to show that it affects the child’s best interests.

Lara Stanford Davis
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.

My spouse and i have been seperated for over 5 years without divorce. Does the marriage dissolve after a certain period of time or does there still need to be a legal divorce proceeding? Also, there is court ordered child support that i pay. My spouse has the child living in a home with her and a man that she “cohabitates” with. Does that have a possibility of changing the child support status / could i use that to my advantage and gain custody?