How are you so sure that you do not have grounds? If you are so miserable in your marriage, there must be something that your spouse has done to make you unhappy, and that may be sufficient grounds for you to file for divorce. In any case, it takes two to maintain a marriage. If you are so unhappy and want so desperately to get out of the marriage, I cannot believe that your spouse will remain despite your antagonistic feelings. You can make life miserable for him if he insists on keeping you in this marriage.
The fact that he makes more money than you is not sufficient for him to be awarded sole custody of the child, especially since the child is an infant, the courts generally will award resident custody to the mother.
You will also be entitled to spousal support to allow you to get on your feet and also attorney’s fees from him, and you can negotiate with that.
I suggest you speak to him directly in a moment of calm and explain that the marriage is not working. Explain to him that the divorce will take place with or without his consent, and he will ultimately be forced to pay for your attorney as well as his if he insists on litigating the matter.
Consider mediating this divorce instead of litigating it, and if you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss arranging for a meeting for the three of us to meet and discuss the matter.
Leonard M. Weiner, Esq./Divorce Solutions