Legal Question in Family Law in New York

My parents had what seamed like a happy marriage; so much so that it was a complete shock when my mom left. She packed up some basic things and moved into an apartment on the outskirts of town. Less than a year after that, she moved out of state. In the beginning she had minimal contact with my father, and now 4 years later zero contact. My dad has been putting off doing anything official until now. She bought all new furniture, clothes, car, everything. My dad has paid all the bill's for their assets (utilities, taxes) while shes paid nothing towards them. She claims she stayed with him for the kids, but i was 22 when she left and my sister 26.

My question is, what exactly does abandonment mean in New York? She's definitely abandoned her family, leaving everything behind and moving to another state. Does this mean she forfeits her rights to marital assets and my dads pension?

Thanks


Asked on 1/04/12, 6:13 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

My question is, what exactly does abandonment mean in New York?

A. Leaving the marital residence for a period of 1 year.

Does this mean she forfeits her rights to marital assets and my dads pension?

A. No. It just means that she has grounds for the divorce.

Mike.

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Answered on 1/05/12, 5:15 am


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