Legal Question in Family Law in New York
I have been married for 18 years. My wife and I have come to a rocky point in our marriage. Neither of us has had an affair just difficulty getting along. She has asked me to move out for a while to our summer home. My concern is that if I do so and we end up in divorce court, she can get me for abandonment. Is that the case?
1 Answer from Attorneys
Abandonment is when one party leaves without the consent of the other party. If you leave at her request, that is not abandonment.
That being said, please be aware that abandonment is one of the 6 grounds used to get a divorce. Grounds, except in very limited circumstances, have no effect on equitable distribution of marital assets. She can not get a greater share of the marital assets based upon any abandonment claim as you described.
You should however consult with a divorce attorney as soon as possible since there are many other issues you are going to face in a divorce.
Joel R. Salinger
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