advice

[silvermp1]

What is the name of your state (only U.S. law)? MN
could you give me some advice, for the past two years my wife has been going out at night and not coming home until the next morning, and a few times I will have to call her so that I can go to work being that we have 3 children at home could someone give me legal advice? i have asked her to leave but she wont?

 

[Just Blue]

What is the name of your state (only U.S. law)? MN
could you give me some advice, for the past two years my wife has been going out at night and not coming home until the next morning, and a few times I will have to call her so that I can go to work being that we have 3 children at home could someone give me legal advice?

Get a divorce.

 

[silvermp1]

in the meantime i have asked her to leave but she will not.

 

[mistoffolees]

in the meantime i have asked her to leave but she will not.

She doesn't have to leave. If you want her to leave, you can file for divorce and ask for exclusive use of the marital home.

I'm going to disagree slightly with Blue Meanie's advice. Divorce may or may not be the best option for you. No one can tell you whether that's the thing to do. You can get information from a counselor, lawyer, friend, etc, but ultimately, YOU have to decide if it's the right thing for you.

This board is for help with legal issues. If you have a specific legal question, we can help. The question of whether you file for divorce or not is beyond the purpose of this board.

 

[Zigner]

She doesn't have to leave. If you want her to leave, you can file for divorce and ask for exclusive use of the marital home.

I'm going to disagree slightly with Blue Meanie's advice. Divorce may or may not be the best option for you. No one can tell you whether that's the thing to do. You can get information from a counselor, lawyer, friend, etc, but ultimately, YOU have to decide if it's the right thing for you.

This board is for help with legal issues. If you have a specific legal question, we can help. The question of whether you file for divorce or not is beyond the purpose of this board.

From a legal standpoint, Blue was dead-on accurate...

 

[silvermp1]

my legal question is that, because she does not come home at night is that abandoning me and the kids, would i have a better change at getting 50/50 custody of the kids?

 

[Isis1]

my legal question is that, because she does not come home at night is that abandoning me and the kids, would i have a better change at getting 50/50 custody of the kids?

she is abandoning YOU, not the kids. she comes home. unless you are an unfit parent, she is NOT abandoning the children. is she wrongly assuming you are a capable parent?

as long as you are BOTH fit parents, there is a good chance at having 50/50 custody. if you can BOTH co-parent without bringing any resentment, then there is a good chance at 50/50 custody.

 

[Ohiogal]

She hasn't abandoned ANYONE -- she is still coming home. She has not abandoned him anymore than he abandons her if he leaves daily for work for several hours.

 

[Isis1]

She hasn't abandoned ANYONE -- she is still coming home. She has not abandoned him anymore than he abandons her if he leaves daily for work for several hours.

okay, okay. you're right. point taken.

 

[mistoffolees]

From a legal standpoint, Blue was dead-on accurate...

Blue gave ONE option. There are others.

 

[silvermp1]

so your telling me that her going out all night long and when I have to text or give her a call to come home so that I can go to work and not be late witch she usally makes me, that is the same as me going to work?

 

[Just Blue]

so your telling me that her going out all night long and when I have to text or give her a call to come home so that I can go to work and not be late witch she usally makes me, that is the same as me going to work?

In a legal sense...Yes.

 

[CurrentlyUndone]

so your telling me that her going out all night long and when I have to text or give her a call to come home so that I can go to work and not be late witch she usally makes me, that is the same as me going to work?

In a nutshell, yes.

At least in terms of you trying to use "abandonment" against her.

 

[Ohiogal]

so your telling me that her going out all night long and when I have to text or give her a call to come home so that I can go to work and not be late witch she usally makes me, that is the same as me going to work?

Yep. She does NOT need your permission to go out. She does NOT need to listen to you as to when to come home. She does NOT have a curfew that YOU can impose upon her just because she is your wife.

Legally she has NOT abandoned anyone. She may want out of the marriage but you can't know that unless you TALK to her. So have you? have you had a conversation with your spouse to determine what she wants? If she doesn't want to be married then you file for divorce or she does. You don't get to force her out of the house. Only a court order can make her leave.

 

[silvermp1]

first off i offered to pay for an appartment for her until this got situated i would never just kick her out and secondly i'm not a controll freak i would never give her a curfew! i was just looking to see if there was any legal advice on this situation and the best way to go about it for the kids.
thanks!