I was married in December of 1997. In March of 1999, my wife told me that she did not want to be married anymore. I agreed and moved out. In November of 1999, she moved to Florida and lived there until July of 2001. Do I have grounds for divorce under abandonment or separation? PS We have a four-year-old son. Will this affect my ability to get a divorce?
You do not indicate in what state you are living. From the information you provide, you would not technically satisfy the criteria for abandonment iN.Y.NY state. If you and your wife agree to divorce, we could find suitable grounds upon which to base the divorce. Having a child will not impair your ability to divorce but does raise issues regarding child custody, child support, and visitation. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq / Divorce Solutions