What am i entitled to in an divorce if we haven’t been married a year yet?

UPDATED: Sep 30, 2022

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What am i entitled to in an divorce if we haven’t been married a year yet?

Hi, my husband and I have been together and lived together for 8 years but only
married for almost a year. I recently had an affair on him and to make matters worse
my husband has proof and to make matters worse he has a screen shot of me
asking talking about getting marijuana from the person i had an affair with. I do not
smoke marijuana often at all and i do not do any drugs. My question is how can this
effect me getting physical custody of out 3 kids and what am I entitled to in a

Asked on June 12, 2017 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Speak to a family law attorney IMMEDIATELY: you need a lawyer's guidance about these very important issues, which are *very* fact specific to your case. To briefly provide some partial answers:
1) Child custody. Child custody is generally made on the basis of the best interests of the child. Usually, whichever spouse did more of the child care is more likely to get custody (since continuing the care arrangements will be less disruptive to the children), but that can be overturned if the primary care giver is shown to be a bad choice or influence. Having an affair and using drugs (marijuana *is* an illegal drug, as you know, especially under federal law) will work against you: it shows poor judgment or impulse control, lack of trustworthiness, and use of a controlled dangerous substance.
2) Spousal support is based on your relative current & recent earnings, how much one spouse did in fact support the other during the relationship, earning potential, and lifestyle. To illustrate: if he is a trader or hedge fund manager and you are and have been a housewife/primary car giver for several years, you will typically get signficantly more support than than if you have been working at a level or income not dissimilar from his.
Because the specific facts (age of children, who took care of them, what he earns, what your earn, your respective educations or credentials, whether he also uses drugs, etc.) are so important to answering your questions, you need to consult in detail with an attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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