Legal Question in Family Law in New York
Can my wife leave me...
Hello,
I strongly believe for many reasons that my wife has been seeing someone else. She doesn't seem to know what she wants to do, but I suspect that she may ''run'' on me.
Can she file for a divorce even if I don't want it?
I had been drinking at night while this was going on, no record of it as in any trouble with the law, dwi's or anything. No fights, and nothing the neighbors would have noticed... But it did annoy my wife. Without proof, can she use this against me? We have twin boys about to turn five. Can my wife pretty much get up and go file for a divorce because she has a change of heart? Are her chances of custody much better than mine? I would assume that they are.
Thank You.
1 Answer from Attorneys
Re: Can my wife leave me...
It is good that you have identified this possibility early and can, therefore, take preventative action to help you later on the issue of 'custody'.
1. Any married person can file for divorce. You don't have the option of 'agreeing'. If you chose to contest the divorce, then it is 99% certain that you will be divorced anyway.
2. But, and this is huge, if you want custody you must be very assertive.
(a) do not let her take the children from your home and not let you see them for a period of time greater than 2 weeks. She will attempt this on the advice of her lawyer.
Insist the kids stay in the same house with you if she wants to leave you. Do not let the kids live with her outside your home. Be very assertive.
(b) less important, but still significant: make sure the children's teachers see you regularly. Every two weeks pick up the kids at school and talk to the teacher for a few minutes. Ask what you can do to help the child with school.
This is necessary or you will be shut out of even consideration for custody.
Good luck. If you need to talk to me, email is best to make an appointment.
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