What happens now that my husband and I have decided to get a divorce?

He can’t afford to move out but I can. We have a 10 month old child and I would like to take our child with me. Are there any legal implications if I rent an apt for my child and I? We would stay in the same city but move to a different borough then we currently live in. Am I allowed to move out? I have heard if one spouse moves out the other can claim abandonment. I’m not sure if this is so and ifit has any legal ramifications or more importantly, can affect me having custody of our child. I don’t feel comfortable staying here anymore as the tension and verbal fighting is too much. Also, since I make substantially more then my husband, can he sue me for alimony or anything?

Asked on September 22, 2012 under Family Law, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

You certainly can move out with your child.  NY is a no fault divorce state and abandonment is a non issaue.  A divorce proceeding will cover custody, visitation, alimony and support.  Your income may certainly be taken into account. Good luck.

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