Primarily servicing the greater New York City metropolitan area

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New York, N.Y. 10016
(212) 370-1660


Question #158:
I live in NYC. I have been married with my husband for 4 years, we have a 3year old son. A couple of months ago I found out that my husband is having an affair. It seemed to him to be serious; he was saying me about starting a new relationship with his lover. I moveout with my son to live with my mother about a month ago. Now he says he wants me to come back. But I don't trust him any more. If I decide I want to divorce, would the above be a base for a divorce with his fault? Would I get the custody? I'm also a student with almost no income. Is he obliged to support me as well in the present situation? Do you think it is a good idea to file a legal separation papers? What steps do you recommend me to take? Thank you
Adultery is grounds for divorce in New York. Assuming the court found you to be competent to take care of the child, you would most likely get custody, or at least be the resident parent. If you have no income and your husband has been supporting the family till now, the court will require him to provide you with spousal support and child support, even during the course of the divorce proceedings.
Because you have such a young child, I strongly suggest you try family counseling, to give the marriage a chance.
You can always seek a divorce in the event the counseling does not help.
If you decide to seek a divorce, please call me at 212-370-1660 to discuss mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solution
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