New York State requires grounds to dissolve a marriage: adultery, cruel & inhuman treatment, abandonment or constructive abandonment for one year, or living separate and apart pursuant to a valid separation agreement for more than one year. Notice of a divorce action must be given. I suggest you seek a consultation with divorce attorney who can discuss the history of your marriage since 2003 and review your options, so that you can develop a plan on how to move forward with your divorce.
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The paramount consideration for a Court when considering a custody decision is the the children's best interests. Among the factors to be considered are the quality of the home environment and the parental guidance the custodial parent will provide or has provided, the ability of each parent to promote the children's intellectual and emotional development, the financial ability to support the children, the relative fitness of each parent, and if applicable, the length of time the current...
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