Theisen v. Theisen

This case presents the novel issue of whether an action for separate maintenance and support can be pursued when the parties are still living together. We hold that it cannot and affirm the family court’s decision to dismiss this action. Due to our conclusion that this action fails a matter of law, we further hold that the family court did not err in cancelling the lis pendens and request for attorney’s fees filed in conjunction with this suit.

FACTUAL/PROCEDURAL BACKGROUND

Eileen (Wife) and Clifford (Husband) Theisen were married in 1980. Aside from various forms of seasonal employment, Wife…