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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have been with my husband for 17 years and I have cheated.

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I have been with my husband for 17 years and I have cheated. He is in college now and I support my family financially. He has filed for divorce and has also decided that he wants full custody of our two children and he wants to stay in the home and has asked me to move out and he will give me visitations rights for 2 days. I love him and he has been very mature and has been very good in not making a big deal. However, I told him I will divorce him but I don't want to get out of our home and I want share custody. We have a wonderful relationship were fighting in front of our kids has never been an issue. My question is: can I stay in the home and have share custody? I don't want this issue to damage my kids mostly since they had only seen two parents that love each other. Let me know which are my options.
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If both you and your spouse are agreeable to the arrangement, you may share custody and stay in the house. Your husband could file for divorce based upon fault (on the grounds of adultery). A no-fault divorce would require you to live separate and apart.

I am happy to continue to this conversation. If you would like additional information, please click reply
Customer: replied 4 years ago.
What is a non-fault divorce?

Non-fault divorce is a divorce where it is not necessary to allege wrongdoing in order to obtain the dissolution of marriage.

The Complaint for Dissolution must state the appropriate lawful ground to obtain a divorce in New York. The divorce grounds are:

(1) The cruel and inhuman treatment.

(2) Abandonment for 1 year or more.

(3) Imprisonment for 3 years or more.

(4) Adultery

(5) Living separate and apart for 1 year or more.

(6) Irretrievable breakdown in relationship for a least six months.



The purpose of the waiting period in a no-fault divorce is to avoid rash decisions and allow the spouses time to possibly reconcile

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