Legal Question in Family Law in New York

Spouse wants me to leave

My wife wants me to leave the house. She threatens that if I

don't leave immediately, she will

take our son and leave. I have tried to work things out with her,

but have agreed to a divorce - (neither of us have been to an attorney yet) I would like a mediator to settle things for the divorce. My friends tell me not to move out and to call the police if

she takes our son. Is this the correct thing to do?


Asked on 10/14/08, 2:47 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Spouse wants me to leave

Most attorneys will tell you not to vacate the premises. I believe a parent should do what is in the best interest of the children.

Nevertheless, if able, you should quickly settle the major issues with your wife. They are: Custody, visitation, child support, maintenance (alimony), and division of marital assets and debts. If there is an agreement to these major issues there is no reason why you cannot receive an uncontested divorce.

If you need help with this issue and you are located downstate (NYC, Nassau and Suffolk County), feel free to contact my office.

Mike.

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Answered on 10/14/08, 2:55 pm


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