Legal Question in Family Law in New York

withholding of sex for 9 years

I have been married for 16 yrs. The last 9, my husband refused to sleep with me. He sleeps downstairs, I am up. I have an 11 yr.old son. I am also disabled for a number of yrs., but do manage to get around without help. Financially, it is hard for me to leave. I need the med. insurance too. If I were to meet someone while married, would a judge give custody to husband? Would he be inclinded to agree with me? Husband is also emotionally and verbally abusive to both of us. Thank you.


Asked on 1/09/06, 6:03 pm

2 Answers from Attorneys

John O'Donnell Attorney at Law

Re: withholding of sex for 9 years

You will not lose custody simply because you have a relationship with someone else.

If you decide to divorce, you should be aware that depending on your respective finances, your husband could be required to pay for some, or all, of your attorney's fees.

If you should decide to move forward with the divorce, please feel free to contact my office.

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Answered on 1/10/06, 11:47 am
Daniel Clement Law Offices of Daniel Clement

Re: withholding of sex for 9 years

Your husband has constructively abandoned you which gives rise to your cause of action for divorce. Custody would be decided on the best interest of the children.

Please feel free to contact me.

Daniel Clement

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Answered on 1/09/06, 6:25 pm


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