Legal Question in Family Law in New York

i have a 3y/o and 1 y/o boys. I work full time as RN 5 days/week while my husband takes care of them after i leave. I want a divorce in NY. can i apply for no fault grounds?

my husband is in US as a tourist. He is canadian citizen. he's been in US for the most part of his career as a TN worker. he is a software engineer/finance.

we spend equal time with the kids on day to day basis. i feed them breakfast and lunch and take care of their needs till 2:30pm then go to work. He spends entire morning in the computer looking for work.

what are my chance of getting child custody?


Asked on 9/02/10, 4:28 pm

1 Answer from Attorneys

Kristen Browde Browde Law, P.C.

The no fault law does not take effect until Oct. 15, but after then you will be able to get a divorce on the grounds of irreconcilable differences.

As to custody it would seem more likely that you would be able to have primary custody - but without a detailed examination of your and your husband's situations it isn't possible to be certain.

If you'd like to discuss your situation in detail, please feel free to get in touch.

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Answered on 9/07/10, 4:33 pm


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