Legal Question in Family Law in New York
I got married almost 7 years ago in Philadelphia. We reside in in Queens, NY. In September, wife told me she was no longer in love with me. I suggested going to see our Pastor as a form of counseling. She agreed but decided to to postpone counseling until her surgery was over. So I decided to go alone with the goal of trying to salvage my marriage.
After she recovered from surgery she went to Philadelphia on New Years Eve with her friends. When she returned she said she wanted to see if she could fall back in love and work on the marriage. She went to see the Pastor alone. She never gave group counseling a change. The reconciliation lasted for every bit of two weeks. She then said she wanted to move on with her plans to separate.
She no longer wears her ring and doesn't want to tell me where she's going. I have a young daughter who will be in the middle of this. I also purchased a home before we got married and and my salary is twice her salary.
We spoke about separation and divorce and think it can be done amicably but I would rather have legal and find out what my options are as well as the risks.
Lastly, being that she's looking to relocate and no longer (unofficially) considers herself married, what rights does she or I have regarding cohabitation?
What are my options for joint custody of my daughter?
What happens to my home?
What about spousal support?
What information should I be gathering?
I'm hoping it doesn't come to this but would rather be prepared.
Thanks in advance.
1 Answer from Attorneys
You have a lot going on here, and you definitely need legal representation. The bottom line is, all issues such as custody and property division can be resolved without litigation IF both parties agree on the terms of the divorce. Please note that you may be liable for spousal support, as well as payment of your spouse's legal fees (based on your incomes) if she demands these. Also, the non-custodial parent (likely you) will be required to pay child support in an amount according to the law. Do yourself a favor and contact a divorce attorney to discuss more at length.
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