Legal Question in Family Law in New York
second marriage
i am a single father of 3 minor children from my first marriage,i have a live in nanny for them.i was remarried Jan 2001 and she left me on sept 13 2001 because she could not handle my children from my first marriage.now she is out to get me claiming adultry because my childrens nanny stays with us and asking for an ungodly amount of money.supporting my 3 children take up what funds i have.please if you have any advice,what are my responsiblities to her and does she have to prove adultry,as this woman is just my nanny.can she take away from my children? she has called my boss and told him i was doing this,this could ruin my career.all i am doing is providing good care for my children.
2 Answers from Attorneys
Re: second marriage
Given the brevity of the marriage, I do not think she could recover much from you (but I do not know all the facts). I think you should retain an attorney to protect your interests.
Daniel Clement
Re: second marriage
My first advice to you is get an attorney! If your career is truly in jeapordy, and she is asking for a great amount of support, you definitely need someone on your side who is familiar with the twists and turns of the law. Too often pro se litigants get the "short end of the stick."
Odds are she will not be able to prove adultery. Even if she can, it will get her a divorce, but NY is not a fault state when it comes to support matters. Also, if she is employable, since you had such a short term marriage, she will not likely get "maintenance" (aka alimony).
There is also an issue of defamation if she is making false allegations to other people about you.