Legal Question in Family Law in New York

Re: divorce proceedings.

It is possible that either or both of you can exasperate your situation and extend the time and money it will take to final divorce. It also appears that your husband is angry and vindictive and is inclined to make this whole business as difficult for you as possible. Try to hold it together, eventually he will become tired.

The following are some items that you referenced, for your information.

Adultery is generally proved by circumstanial evidence, as it is rare that people have sex in public. So "hard" proof is not necessary to claim adultery as a cause of action.

Constructive Abandonment is the cause of action that usually refers to a party refusing to have sex with the other party, without just cause.

Either parent may claim they should have exclusive child custody, as the statute is supposed to be "gender neutral." However, it is presumed to be in the Best Interest that a young child remain with the mother; provided the mother has been the primary caretaker.

If you are without funds for a divorce attorney and your husband is gainfully employed with sufficient income, he can be charged with support, both child and spousal; and be charged with paying your attorney fees.

GOOD LUCK,

PHROSKA L. McALISTER