Wife will not leave!


Abandonment is not as big of an issue as some people make it out to be. If your daughter is in danger you should leave. Protecting your daughter is the most important issue at the moment. To protect yourself you will want to ensure the rent is paid, which leaves your wife without a true claim for abandonment.

You may also want to consider getting a domestic violence protective order on behalf of your daughter, as part of the relief the court can award you possession of the home and force your wife to leave. The other option you have is to file an action for divorce from bed and board based on her behavior, the court can then order a separation and can grant you possession of the home.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


[xx(] No matter how bad things are at the house my wife continues to say that she will not leave because she knows I love her. I really do not. She has been unfaithful, which we go the therapy for, but it is not helping me get over anything. She has been in a physical fight with my 16 year old daughter. No one got hurt, but this was done in front of my wife’s children that are 4 and 8. DFS is involved! I have spoken with an attorney, but honestly the only thing I got from it is if my daughter and I leave the house my wife could get me for abandonment. The house we rent is my best friends I am the only one the lease and if I were to leave my wife could not afford to live there. I offered to pay to move her and the girls any where they want to go. I also, offered to give her one of the cars, both are in my name. I even consolidated all of the bills hers and mine and told her I will pay everything off. She will not leave what can I do?