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

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #282:
Hello. I have been married to my 2nd husband since 2006, he is from new Jersey but moved here to Buffalo to Marry me and move into my home with my 4 kids. In 2009 we had a baby girl. I am pretty sure this marriage is heading for divorce, early in the marriage he cheated on me and I found out 2yrs into the marriage. My question is that would I be forced to let him take baby to new Jersey to have visitation with him there, or would he have to visit her here in Buffalo. Also what is he required to pay in addition to child support, does he have to pay maintenance, I'm a stay at home mom, and only baby sit a few days a week. We have a vehicle that has him as a Cosignor and has both our names on the bank papers for it... Please could guide me as what to do? :(:( stressed in Buffalo.

Answer:

If the court were to award residential custody to you, then your spouse’s visitation would somehow have to be made in Buffalo or some other arrangement would have to be provided so that your daughter could visit with him back in New Jersey during vacations and summers.
If your spouse has been supporting you during the course of your marriage, and you have no income, he will be forced to provide you with some level of spousal maintenance as well (the actual amount will depend on your financial needs and his ability to pay based on his income), at least until such time as the child can go to day care and you are able to develop some kind of professional skills to support herself. The division of all marital assets and debts, including the lien on the automobile, will have to be determined by you both as part of the separation and divorce settlement.
I strongly suggest you seek an Atty. experienced in divorce mediation in your jurisdiction who can assist you in this matter. Divorce is something too important to leave to self help.
Good luck!

Leonard M. Weiner, Esq./ Divorce Solutions
Back to content