Should I move out?

[ESL12]

My wife of 6 years has asked for a seperation 6 weeks ago... I despiratly do not want this, i am in love with her and cherish her and my family... There is no abuse, no affairs, no drugs or financial disagreements. She just says she isn't feeling it anymore. I have tried everything i can to give her space and time while being a husband and father. we have 2 young kids age 3.5 and 2. We have mostly been in the same house even shared the bed at times. But have on few occasions taken turns sleeping out. At this point she still hasn't changed her views and has even stopped wanting to go to marriage counseling. My only option left is for one of us to move out. My question is, if I move out, for month, 6 months etc... However long it is, will this negativly impact me if we end up divorcing? I intend on seeing my kids daily during the day at lunch weekends and or evenings when possible. im not sure how to proceed to give her what she wants at the hopes some time will make her feel or see how great we can be and how far better we would be together then apart.

 

[Proserpina]

This really isn't so much of a legal question, I'm afraid.

If you're the primary caregiver (I don't mean financially), you'd be well advised in either not leaving, or taking the children with you.

 

[army judge]

My wife of 6 years has asked for a seperation 6 weeks ago... I despiratly do not want this, i am in love with her and cherish her and my family... There is no abuse, no affairs, no drugs or financial disagreements. She just says she isn't feeling it anymore. I have tried everything i can to give her space and time while being a husband and father. we have 2 young kids age 3.5 and 2. We have mostly been in the same house even shared the bed at times. But have on few occasions taken turns sleeping out. At this point she still hasn't changed her views and has even stopped wanting to go to marriage counseling. My only option left is for one of us to move out. My question is, if I move out, for month, 6 months etc... However long it is, will this negativly impact me if we end up divorcing? I intend on seeing my kids daily during the day at lunch weekends and or evenings when possible. im not sure how to proceed to give her what she wants at the hopes some time will make her feel or see how great we can be and how far better we would be together then apart.

Before you decide to vacate the premises, you might want to discuss three issues with a NY licensed attorney:

1 = legal separation versus divorce
2 = If leaving before a legal separation is GRANTED, is that considered abandonment?
3 = If you abandoned the marital bed, how would that impact you when the divorce is contested?

You can discuss those three questions, and few more for FREE.
Most attorneys will meet with you the first time for 20-30 minutes at no charge.
That initial meetings allows you to discuss your concerns and be apprised of the divorce process in your county.

Two last thoughts, sir, think about who will be the best person to be granted legal custody of your children, and why?
How much time are you seeking to legally be granted with your children, should you get divorced?

Good luck, I hope you can come to grips with this sad situation.

 

[disagreeable]

There does not appear to be a reason to leave. that said it appears getting a divorce is going to happen. Seeking the advice of a divorce attorney is best.