Legal Question in Family Law in New York

what should my daughter do?

My husband died suddenly 1 1/2 yrs ago, about 6 weeks later my daugher and her husband got pregnant. Her husband had started a new job. Daughter had a difficult pregnancy (bedrest etc) husband became more and more distant. Baby was born, put in special care. Doing fine now. When baby was 3 months old husband walked out. Giving her support but won't talk. Now threatening her with divorce and family court. She is a terrific mother. He sees baby not more than once a week and usually no more than 2 hours (all by his choice). He is blaming her for everything. She's told by many he's seeing a girl he's working with and all signs point directly there. He's been giving her $400 weekly, now he says he going to give her $125. She won't be able to afford her home or bills with that. She's starting a new job next week for DoD. She's been trying to save her marriage but there seems to be no talking to him. He moved in with his parents. Please tell me what she should do? Act or react?


Asked on 7/05/07, 6:35 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: what should my daughter do?

She needs to have proper support for the child. She does not have to give him a divorce. He walked out on her, He is possibly committing adultery and unless she has done something especially cruel that doesn't seem to be grounds. She should not agree to a separation agreement either.

Without grounds he will be unable to divorce. Then she should work out as favorable a settlement as she can and then consent to a divorce.

To recap, Go to family court and start a support petition, Get her an attorney. It will make a difference in the long run.

Good Luck.

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Answered on 7/05/07, 12:57 pm


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