Legal Question in Family Law in New York
I live in New York state. I am in Iraq and coming home in a few weeks but a few days ago my wife informed me she is in love with someone else and has had sex with him a few times. We have a 7 year old son and she is willing to give me him and everything else if I pay for breast implants that she was preparing to get before this awful news. I just am wondering how that will work and is it a legal situation against or for me. She is mean to our son and really doesn't want to be a mom so she is willing to give me him, again how is this gonna play out for me ... good or bad?
1 Answer from Attorneys
Sorry to hear that your wife has done this to you while you are serving your country. The fact that you are deployed gives you certain rights, one of which is that you do not need to take any action on this case right now. She cannot file for divorce unless you waive your rights. When you get back, there are other issues. She may not have grounds for divorce, so she may not be able to file against you. On the other hand, if you can prove the adultery, you may have a case against her. The question will become... what do you want to do? I suggest you contact a lawyer when you get back home.