Legal Question in Family Law in New York
Divorce
My husband and I were married in the state of Missouri, but currently reside in the state of New York. I can no longer endure my husband's constant verbal abuse and would like to divorce him. Do I have to file in New York or can I file in Missouri? I like to move out of the apartment and go to my parents in Missouri before the divorce is final. Will I be able to legally take my son with me? Our son is now 5 month old. How can I ensure that I will have the sole custody of my child? What do I need to do before I leave?
2 Answers from Attorneys
Re: Divorce
New York is the only state in the nation that still requires grounds for a divorce - there is no "no fault" divorce here.
Whether you can file in New York will depend on a number of factors, including whether the verbal abuse is sufficient to qualify as cruelty under New York law, and the length of time you've been a New York resident.
As to ensuring sole custody, no one can guarantee that, especially not knowing the circumstances of the case. However, it's highly unlikely that a court would take a five month old child out of the custody of a mother without some serious reason to do so.
If you'd like to discuss this further, please feel free to get in touch. I'll be available over the weekend.
Re: Divorce
If you satisfied the residency requirements, then you may bring the action in New York.
I suggest you consult with an attorney in private to discuss your rights.
Daniel Clement
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