Legal Question in Family Law in New York

My wife of 8 years has asked for time and space. She returned from a vacation on Tuesday however on Monday requested that I not be the one to pick her up from the airport. She also requested that I not be home when she stops to pick up some clothes as she has a "friend" picking her up, and is staying at a "friends" house. I respected her request. It is now 9:40 on Thursday and I have not heard from her since Tuesday afternoon. I sent a text message yesterday verbalizing that I want to give her the space she has requested however out of respect for me can she please let me know the direction this is headed (divorce or reconciliation). No response from her. We own a home together, we each have new cars that are unfortunately in her name, we have a dog and a cat. To complicate things we have individual checking accounts, one shared savings account, however I turned over control of my finances to her when we got married as I am terrible in following a budget. I have no access to log into my checking account, I do have my debit card so I can purchase things that I need. What legal advice can you give me regarding the house (I cannot afford the bills here and she is staying at a friend's). So not only is she not communicating with me because she wants time and space, but she is also not verbalizing her intentions regarding our marriage. Please advise.


Asked on 4/13/17, 6:48 am

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

Unfortunately, it does seem as if your marriage is reconcilable given what you describe. It seems that you have tried to encourage an honest and open dialogue with her and that you are getting nothing in return, which leads me to suspect that your wife has made up her mind as to the direction that she wants to take. If you wish to reconcile and she is willing to participate, you certainly can find a marriage counselor to explore those possibilities. Since you have posted your inquiry on a website that lawyers provide the responses, I can only tell you that if you determine that divorce is inevitable, then the sooner you get moving, the faster you limit your financial liability in the marriage.

My office can help, but you would have to call and make an appointment for a consultation.

I hope it works out for you.

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Answered on 4/13/17, 7:14 am


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