Question #45: I’ve been together for 12yrs and married for 8yrs with my wife. We have two children (6,10yrs). My wife wants the divorce and I’ve oppossed it because I’m trying to remediate the situation. She cheated 6 yrs ago and again on july 06 and Mar 06. the reason I still want her is because she will take my kids away and she will cause me to move out of the house and sell this house and another property. She earns 3x less than I. In other words she will take me to the poor house. I could not afford everything we now have or live on my own once we divorce. I will have to pay child support and spousal support and private school. I earn in the mid 60,000. Can I have an opportunity to gain sole custody of the kids since I’ve been a good father and want the family together for the kids sake?

You may be able to convince the court that your having sole custody of the children and remaining in the family home is in the best interests of the children based on the fact that your wife has been cheating on you and the family continuously over the past six years , and does not seem to be acting responsibly. It will all depend on the judge’s opinion .

I strongly suggest that you consider divorce mediation as opposed to litigating this matter in court. In mediation, you and your spouse will be able to decide just how to manage your affairs without having a judge who does not know you or your family intervene in your personal matters.
If you are living in the New York City metropolitan area , please call me at 212-370-1660 to arrange for us to meet together to discuss this matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions