Hi. My brother is in the process of a divorce. He has served his soon to be ex-wife with papers, and she has sent them back. Currently, the two lawyers are hashing it out. His wife has been a stay at home mom for the past three years, and he has been working in NYC, making a VERY decent income. My brother is filing for joint custody of the kids. The problem is – they are living in the same home since his lawyer told him that if he were to move out of the house, it would be considered abandonment – and this would affect his chances of custody. Although he sleeps in the basement, they share the kitchen, bathroom, and living space. The two are continually arguing – especially over petty things. All of this is causing problems with the children. They are upset, they don’t understand, and it is affecting them. My brother agrees that the best thing would be to move out of the house – this way, his visits with the children would be pleasant, and he and his soon-to-be-ex could start to work out a cordial and friendly relationship for the kids. He is afraid that he will be penalized. Is there anyway he could establish a separate residence without being penalized? Thanks for your help. (By the way, he lives in Long Island, NY).
Continue Reading...Jun 24, 2020