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My domestic partner and I are separating for two weeks; I am leaving; our two daughters, 12 and 9, are staying with mom.

New York, NY |

Can this be considered abandonment? What are the future legal repercussions, if any? The separation was mutually agreed upon.

Attorney Answers 4


  1. If is it a separation by agreement, then you have a written one prepared by an attorney. Leaving without am agreement may give rise to a ground for a divorce. In NY you do not need a ground for a no fault divorce.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. A two week separation would not be considered abandonment. There should still be contact with the children. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  3. I do not know New York law but I do not see how it is abandonment in any state. I would make sure everything is in writing and that during the separation you are seeing your children.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.


  4. Are you legally married. You say your domestic partner. If you are legally married, the 2 weeks away is not long enough. However, a no-fault divorce is an option.

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