Legal Question in Family Law in New York

seperation

my wife has asked me to leave.she needs time to think about our marriage. my question is can she get me for adboning my house ,kid or family if somthing was to happen


Asked on 12/26/08, 9:49 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: seperation

To obtain a divorce in NYS under the grounds for abandonment, the leaving must be for 1 year. Wife's request and consent for you to leave would not be deemed abandonment.

Even if you abandoned the house, it is still marital property subject to equitable distribution. As to kids, courts look to the best interests of the children. Leaving the house may affect your right of custody.

Mike.

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Answered on 12/27/08, 12:59 pm


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