Legal Question in Family Law in New York
divorce
Live in NYState. Want to move out of house due to wifes abuse. Will file for divorce. Must I stay in the home until it is filed.
Asked on 4/18/08, 6:33 pm
1 Answer from Attorneys
Tracey Bloodsaw
Law Office of Tracey A. Bloodsaw
Re: divorce
Under the legal grounds for divorce your spouse can file under "abandonment" and prevail if you move out. However, if you were not sleeping together then either of you may have grounds of "constructive abandonment" despite your moving out.
Answered on 4/21/08, 8:41 pm