NY here.
Here the short of it. I had an inheritance that I commingled after 10 years of marriage to buy a commercial property. Within months of commingling, my wife decides I am mentally ill and wants a divorce.... not right yet, after she gets her degree. She signed up to go back to college. I took a psych evaluation and passed, and had been trying to reconcile the marriage. In the mean time, with the advice of the Shrink, I made an educational trust with a portion of the inheritance to pay for my children's private school and college. When my wife found out, she flipped and wanted the divorce immediately because she no longer trusts me.
I have been accused of cheating, being mentally ill, stealing, being abusive etc. None of it is true. She ended up getting diagnosed with an anxiety disorder of some sort. The tough part, is I have online writings dating back 5 years of her going to great lengths to say how great I am, and these run up to 2 months before she declares me mentally ill. I also have 59 out of 200 forum posts where she lays out her plan to screw me and gives the impression she actually believes I am actually ill.
We both have asked for primary custody.
My questions.
Does premeditation matter in divorce? The timeline/documentation clearly indicates She thought I was awesome until I commingled the money.
What will custody look like? My atty says without a smoking gun, 50/50 is all I can hope for in NY. Is this hard to get?
She has enrolled in community college with hopes of transferring into a 4 year school. She was denied the 2+2 program but is taking all the same classes one would take and is convinced she can get the Prof. to let her in the program after 2 years. I have writings from her where she said it was uber competitive and "many admissions counselors told her not to bother". How will being in college effect child support and alimony after 11 years of marriage even though she is pursuing a program she will most likely not get into.
She was a stay at home mom and says the kids and house are non negotiable. She probably won't get enough in the settlement to pay the house off. What reasonable expectation is there that she could keep the house and I pay for it?
Does unsubstantiated accusations matter? If she makes them and I can prove her wrong,does that help me? Should I push her mental state as a reason for custody or will they say I was negligent for leaving the kids in her care?
Here the short of it. I had an inheritance that I commingled after 10 years of marriage to buy a commercial property. Within months of commingling, my wife decides I am mentally ill and wants a divorce.... not right yet, after she gets her degree. She signed up to go back to college. I took a psych evaluation and passed, and had been trying to reconcile the marriage. In the mean time, with the advice of the Shrink, I made an educational trust with a portion of the inheritance to pay for my children's private school and college. When my wife found out, she flipped and wanted the divorce immediately because she no longer trusts me.
I have been accused of cheating, being mentally ill, stealing, being abusive etc. None of it is true. She ended up getting diagnosed with an anxiety disorder of some sort. The tough part, is I have online writings dating back 5 years of her going to great lengths to say how great I am, and these run up to 2 months before she declares me mentally ill. I also have 59 out of 200 forum posts where she lays out her plan to screw me and gives the impression she actually believes I am actually ill.
We both have asked for primary custody.
My questions.
Does premeditation matter in divorce? The timeline/documentation clearly indicates She thought I was awesome until I commingled the money.
What will custody look like? My atty says without a smoking gun, 50/50 is all I can hope for in NY. Is this hard to get?
She has enrolled in community college with hopes of transferring into a 4 year school. She was denied the 2+2 program but is taking all the same classes one would take and is convinced she can get the Prof. to let her in the program after 2 years. I have writings from her where she said it was uber competitive and "many admissions counselors told her not to bother". How will being in college effect child support and alimony after 11 years of marriage even though she is pursuing a program she will most likely not get into.
She was a stay at home mom and says the kids and house are non negotiable. She probably won't get enough in the settlement to pay the house off. What reasonable expectation is there that she could keep the house and I pay for it?
Does unsubstantiated accusations matter? If she makes them and I can prove her wrong,does that help me? Should I push her mental state as a reason for custody or will they say I was negligent for leaving the kids in her care?
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