QUESTION
My wife is not accepting that I want a divorce. If I move out of the house but keep paying bills, could this hurt me legally?
Asked on Feb 12th, 2014 on Divorce - New York
More details to this question:
My wife, frozen by fear, will not discuss or accept the fact that I am leaving. I have made it clear orally and in writing that the relationship is over. She won't discuss any terms or logistics regarding the separation. (Her refusal to deal with problems is one of the reasons I am leaving). We own a house, and have a 5 year old boy. She hasn't worked in a couple years. I plan on continuing to pay the bills, child support, and possibly spousal support. Our house is small, and we have a few thousand in savings. I know that she wants to stay in the house. I know that she needs to actually see me leave before we can move to the next step. If she participated, I would like to go to mediation with her. I don't see her being motivated enough to consult or hire a lawyer. I want to be fair. If I leave her and my son in the house, move into an apartment, and continue to pay the bills, could this hurt me legally in some way? Is it some sort of abandonment? I live in NY. Thank you!
2 ANSWERS
It will certainly hurt you if you intend to seek custody.
Answered on Feb 13th, 2014 at 2:40 AM
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Leaving the house would be abandonment and it would hurt you in terms of custody issues, the right to return to the house, and maybe even lock you into paying more than you are legally required to pay. Rather than leaving, why not have her served a divorce summons? Many people go through the process while living together until an agreement about a move can be made. She will be forced to hire a lawyer once your lawyer has her served and starts the court process. Good luck.
Answered on Feb 12th, 2014 at 8:11 PM