Memphis, NY Divorce Law Firms & Lawyers

In New York, abandonment is a ground for a divorce provided that you have been absent from the residence for a period of one year.  Should there be a "lockout" from the residence, then your time outside the residence would not accrue. Generally, when someone leaves the marital residence and begins to reside elsewhere, the spouse who remained in the marital residence will be successful if they petition the Court for exclusive use and occupancy of the residence.  Without any pending divorce action or family court proceeding or criminal proceeding in which there is an order of protection or order of exclusive use and occupancy of the marital residence, you may be successful in returning to the marital residence at the present time. Before you undertake any actions to return to the residence to reside, you should consult with an experienced matrimonial attorney in your area. - Alfred Polizzotto, III

Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain rights, irrespective of what the divorce papers may say.  Any borrower or prospective seller will not know what happened in the divorce action.  They will only know what is recorded on the property records.  You must have her sign a deed.

Alimony - more accurately known as spousal support - is not paid for children. Under most  circumstances Child Support payments are due for your your children only.