Legal Question in Family Law in New York

Re: abandonement

Regardless of the facts, there generally is a rule toward equitable distribution.

If this did go to court she could claim this and in all likelihood win it, as far as the child support... Whomever has physical custody is entitled to some support...

Depending on the agreement for custody she may be entitled to custody and distribution.

If you need further assistance with your divorce you may contact our office at 212.709.8303

Re: abandonement

Q. can I forgo division of the 'marital estate'.

A. A very technical question. The general answer is no.

Q. Does the Home and its Contents become mine automatically if she has abandoned the home and marriage for over a year?

A. No. The home and its contents are marital property subject to equitable distribution.

Q. She is marring a Millionaire (possible adultry situation) So she is offering to sign over our house to me free and clear right now... But she is asking me for child support in return� Is she offering me something that I would get automatically anyway?

A. No. You would not receive the house automatically. Furthermore, you would still be responsible for child support.

Q. Might I be the one who is entitled to maintenence? Or at least a monetary settlement?

A. Maybe. It is a very broad question and there are numerous factors to consider for maintenance.

Q. SHe wants to do this in Mediation... not in court so that she does not have to divulge her income and assets. Might I fair better in court?

A. In either Court or mediation you both should complete a Statement of Net Worth form. Mediation is non-binding so you can proceed with mediation and then proceed with Court if there is no agreement.

Mike.

Re: abandonement

You are asking very specific questions. It is clear that you need to have a lawyer look over your situation in great detail. If you would like a consultation please contact my office.