Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”

Rincker Law Family/Matrimonial Law Leave a Comment

I am frequently asked this question during divorce consultations.  There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …

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