If my husband hasn’t sleep a night at our home in 6 months and I suspect that he’s having an extra marital affair, can I file for marital abandonment?

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If my husband hasn’t sleep a night at our home in 6 months and I suspect that he’s having an extra marital affair, can I file for marital abandonment?

He drops by randomly during the day only long enough to get a change of clothes and collect his

mail. We got married 3 years ago; we’ve lived together for 8 years.

Asked on March 19, 2018 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your situation.  The term is really serertion and it isn't used so much in divorces anymore.  Each state has a no-fault divorce statute that allows you to file without pointing fingers. Your siuttion leaves you limited options.  He can not leave you penniless.  You may need to file for divorce and ask for interim relief such as exclusive use and occupancy of the marital home and spousal support.  Try legal aid.  Good luck.


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