Question #4

To accurately answer your question I must know in which state you are presently living, where your spouse is living, if there are any children and where they are currently living, are there any marital assets (for a definition of marital assets, please see some previous Q & A), where the marriage took place and where you lived as a married couple.

Not all jurisdictions have no-fault provisions. New York State requires one to prove fault to get a divorce, although if the parties are cooperative, the courts have liberally interpreted the statute to allow the couple to divorce.

The question of custody of your one-year-old child will depend on the court’s opinion on whether your wife is capable of providing the best setting for your child to grow up in. Certainly, if there are drugs involved, the court will not look favorably at such a situation. It will most likely give custody to you if you can show that you can provide a more favorable financial and social setting for the child to grow up in.

Leonard M. Weiner, Esq./Divorce Solutions

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