Legal Question in Family Law in New York

advice

Married 25 yrs husband served me with Divorce Papers March 2005. I wanted to go to Arbritation. I have no money he closed out all accounts, I cannot afford Attorney. Both he and his Attorney informed me too late for Arbitration it had already been filed in court. I called Court yesterday they tell me it was never filed, that Attorney had only purchased docket #. So I have sat for almost a year waiting living way below the level I am used to. Can I go to Sumpreme Court and file myself?


Asked on 1/23/06, 6:27 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: advice

Its unfortunate that your 'soon to be ex' is behaving in such an oppressive and malicious manner, but I have seen worse and the playing field can be leveled. His tactics do not have to prevail.

A petition for support until a final order of divorce is entered and for attorney fees should be filed. It is very likely to be approved under these circumstances.

Interestingly, the docket number may be invalid because of 'lack of prosecution'. That would open other tactical options for you.

You are welcome to a consultation for no fee. Please schedule the appointment by email.

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Answered on 1/24/06, 12:26 pm
Daniel Clement Law Offices of Daniel Clement

Re: advice

You should make a motion for pendente lite spous support and your attorney's fees. You be entitled to other relief as well.

Daniel Clement

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Answered on 1/23/06, 6:55 pm


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