Legal Question in Family Law in New York

HELP!!! Dont know what to do...I want out!!
My husband and i have been married close to two years already we have an 8week old daughter together problem is I want out he has cheated on me repeatedly not to mention he is a pathological liar and recently discovered he is in fact a level 2 violent sex offender his victim was under the age of 10.I have bought up counseling he doesnt want to particiate and i tryed discussing a divorce and all he does is get nasty and avoid the matter saying comments like see you in court i will keep u held there for yrs to come because when we said i do it ment til death due us part and how he will never ever let me go.However he is a very good father he financially supports her in fact spoils her I dont care about the money i just want out and all i want is the baby i am not looking for spousal i am not looking for child support i just want my divorce with FULL custody and rights of our daughter i dont want him having visitation or anything like that how can i go about all this and where do i start i reside in lower westchester county Please help..this marriage is unbearable.

Asked on 11/17/08, 1:38 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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Re: HELP!!! Dont know what to do...I want out!!

You need to consult an attorney. However, before you have a consult, you should do the following:

1. Obtain a copy of all tax records for the 2 years that you were married.

2. Obtain a copy of records concerning all assets - bank accounts, checking accounts, stock, bonds, etc.

3. Obtain a copy of all records concerning expenses (at lease 2 months worth) - mortgage / rent, telephone, utilities, food, etc.

4. Obtain a copy of all information demonstrating that husband is a level 2 violent sex offender.

You will need this information for a consult and/or representation.

In NYS, you must demonstrate grounds for a divorce. Grounds include abandonment, cruel and inhuman treatment, adultery, prison, and a separation agreement filed for 1 year. Although he has cheated on you repeatedly, more facts are needed to determine if you have grounds for a divorce.

In NYS, to determine child custody and visitation, the Court looks at the best interests of the child. The fact that your husband is a level 2 violent sex offender obviously is a factor, although not the only factor.

Mike.

Answered on 11/17/08, 8:10 am

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