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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.

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Attorney answers 4


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.

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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: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


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.

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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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