QUESTION
can my wife claim divorce under abandonement if I left my house on a temp basis and went to marriage counceling so that we can resolve the marriage
Asked on Sep 06th, 2011 on Divorce - New York
More details to this question:
I am also concerned that this will affect me wantin joint custody of my 4 year old son that I also take care of during the week as well. Throughout the whole time that I was out of the house I have been visiting my wife and kids back and forth but she is now acting as if I dont have rights to my own house as far coming to my house and staying there again . I do beleive I still have rights to live there dont I ?
1 ANSWER
In New York, abandonment is a ground for a divorce provided that you have been absent from the residence for a period of one year. Should there be a "lockout" from the residence, then your time outside the residence would not accrue.
Generally, when someone leaves the marital residence and begins to reside elsewhere, the spouse who remained in the marital residence will be successful if they petition the Court for exclusive use and occupancy of the residence. Without any pending divorce action or family court proceeding or criminal proceeding in which there is an order of protection or order of exclusive use and occupancy of the marital residence, you may be successful in returning to the marital residence at the present time.
Before you undertake any actions to return to the residence to reside, you should consult with an experienced matrimonial attorney in your area.
- Alfred Polizzotto, III
Answered on Sep 24th, 2011 at 9:35 PM