Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #16:
My husband and I were married 5 years ago in Florida and still reside here. We have a 3 year old daughter. I asked for a divorce and my husband refuses to cooperate. He claims he can make me happy and blames all of our relational problems on me. He says he will fight for custody of our daughter and the fact that I admitted to kissing another man is enough to take her away from me if I pursue a divorce. He also wants me to leave the house without her and he refuses to leave. Also, he recently talked me into a consolidation loan against our home to pay off our credit cards and lease a very expensive vehicle which we both signed on. Without his income I wouldn't be able to live alone in the house or keep the car. If I filed bankruptcy would I still be liable for the house and car if I moved out? Is kissing someone else considered adultery and cause me to lose my daughter? I'm a wonderful mother to her, my work history is far better then his, I earn more money then he does and I take care of most of her needs. Would a mediator be helpful in my case?
Answer:
I believe that consultation with an experienced family counselor could assist you and your spouse in resolving some of your marital problems. Every effort should be made to keep the marriage in tact for the sake of your daughter. If however the marriage is untenable, you should seek out an experienced attorney mediator specially trained in divorce mediation.

Bankruptcy may provide you relief from the creditors which you have, but I am not convinced that your financial situation will be improved by declaring bankruptcy.

If kissing a member of the opposite sex was deemed adultery by the laws of your state, the jails would be overflowing with offenders. It may or may not be proper conduct for a married woman to engage in, depending on the society she lives in, but it is not considered adultery in any state that I am aware of.

Leonard M. Weiner, Esq./Divorce Solutions

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