hello, my wife has/is having an affair. She wants me to move out & she will have the kids (6 & 10). Im devastasted that she has done this yet she retains living in the house with the kids. If I refuse, she says she will take the kids with her elswhere (though she accont afford anything, I am the the provider. Can she do this..? Is this not abduction from there home..?? Where do I stand.. Please help..
Also, if I divorce her on grounds of adultery, do I have any more chance of getting joint costody of the kids & also not paying top rate child support. I have no issue providing for my kids, I do have a major issue in providing for my so called wife when she leaves me & continues with her affair with someone who has little money.
Jusleen, thank you. From a legal perspective should I stay in the house, will this assist me if I move forward with filing for divorce within 6 months of the affair..?
Or does it make little difference who stays or who goes at this stage - to the case overall.
May I also ask if significant mobile phone records over period of months & details of vast amount of calls, txts, will be good evidence for affair..?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).