My wife had an affair but will not leave.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My wife had an affair but will not leave.

I found some text between my wife
and another man. She spent the
night with him last weekend. She
will not leave and moved her
family in. What can I do?

Asked on May 24, 2018 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that until there is a legal separation agreement in effect or a final decree of divorce has been rendered, the home remains the "joint marital residence", no matter whose name the deed/lease may be in. Accordingly, both spouses have the right to occupy it and invite guests as they see fit, etc. This is true whether or not one of the spouses committed adultry. The only exception would be if one spouse put the other spouse in fear for their safety, which you did not indicate t be the case. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption