Legal Question in Family Law in New York
my wife moved out 3 yrs ago now she has filed for divorce i live in new york could i get her for abandonment ?
2 Answers from Attorneys
It all depends on the circumstances of her departure from the family home. You should consider hiring experienced local attorney to discuss your case. This is especially important if your wife has a lawyer or there are significant assets and/or liabilities at stake.
Also licensed and practicing in New York.
Absolutely WRONG answer above ^^^. You cannot "get" anyone for abandonment. The court does not care. There is no punishment for this. If she wants a divorce, she will get it under "no-fault", and it does not matter whether she left the home, cheated on you, or abused you. Having said that, if there are money or property issues, or children involved, get a lawyer. http://www.NYCDivorceCenter.com