Legal Question in Family Law in New York

Divorce

My girlfriend and I want to co-habitate. But she says she cant because of her divorce situation. She says she cant risk the kids being around me because of the custody battle. She is most definitely legally seperated. Whats going on here ? I thought that when your legally seperated your private life was just that, private.


Asked on 9/16/08, 2:58 pm

1 Answer from Attorneys

Patrick Narcisi Narcisi Law Offices, P.C.

Re: Divorce

Once you are separated you can no longer be liable to a cause of action under the divorce code for adultery. However custody cases are a different matter. The judge's opinion of things counts for a lot. The judge has wide discretion and almost anything is relevant if it affects the children. So you should honor her concerns.

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Answered on 9/25/08, 10:30 am


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