Legal Question in Family Law in New York

Re: Bankruptcy/Divorce

I am re-submitting my answer to you, because upon review, I note a number of typos in my first answer.

I would also suggest that you

re-submit this question to LawGuru in the BANKRUPTCY category in addition to the FAMILY LAW category. Attorneys with greater experience in bankruptcy cases may be able to better advise you what difference, if any, it makes whether you file for bankruptcy before or after divorce.

For further details on what I write below, you can e-mail me and/or telephone my law office.

In addition to Attorney Stern's excellent advice to you, please note the following:

There are do-it-yourself step-by-step instructional materials available in the $25 to $30 price range that may help people without previous legal eduction file for bankruptcy and file their own divorce papers without a lawyer.(For example, you can click on the "lawguru bookstore" link on this site to get an idea of what is available.)

The problem with relying on these kind of materials without consulting a lawyer is that you risk making some mistake which ruins your case, or else, the instructional materials, while generally accurate, may not properly address the specific set of circumstances in your case.

In order to find low-cost or free legal help, do an Internet search on "Susan Sively" or "Susan K. Sively". Ms. Sively is a New York lawyer whose website contains an excellent list of legal websites which can be helpful to lower income people, including websites of various organizations which provide lower-income clients with free or low-cost legal services.

If you were to try any of numerous instructional step-by-step materials which provide instruction in filing for a New York divorce, you would have to provide GROUNDS for divorce in those divorce papers. In March of 2007, when it is a year or more since your husband left, you could try for ABANDONMENT as a ground for divorce, but you would have to argue that your husband's abandonment of you was UNJUSTIFIED and that you have repeatedly been asking him to move back home with you since he left last March.

Alternatively, perhaps you can muster facts for a CRUEL AND INHUMAN TREATMENT ground for divorce, or if he has been unfaithful that could also constitute a ground for divorce.

Re: Bankruptcy/Divorce

Most states and counties have Bar Associations that have Pro Bono departments to assist indigent parties in uncontested divorce proceedings. You should seek out your local bar association to see if this is available or at least to have a low-priced consultation with an attorney. Your other option would be to see if you can find an attorney willing to represent you and file a motion to have your attorneys fees paid by your husband.

You should definitely speak with a divorce attorney before speaking with a bankruptcy attorney.

Good luck!

Re: Bankruptcy/Divorce

For further details on what I write below, you can e-mail me and/or telephone my law office

Attorney Stern, as always, offers excellent advice in his answer to you.

I would only add that there are

do-it-yourself step-by-step instructional materials available in the $25 to $30 price range that may help a non-lawyer to file for bankruptcy and to file their own dvrce papers without a lawyer.(For example, you can click on the "lawguru bookstore" link on this site to get an idea of what is available.)

The problem relying on these kind of materials without consulting a lawyer is that you risk making some mistake which ruins your case or the instructional materials, while generally accurate, may not properly address the specific set of circumstances in your case.

In order to find low-cost or freeegla help, do an Internet search on "Susan Sively" or "Susan K. Sively". Ms. Sivelyis a New York lawyer whse website contains an excellent list of legal websites to help low income people inclding websites of various rganizations which provide low-income client with free or low-cost legal services.

If you were to try any of numerous instructional step-by-step materials which provide instruction in filing for a New York divorce, you would have to provide GROUNDS for divorce in those divorce papers. In march of 2007, when it is a year or more since your hsuband left, you could try for ABANDONMENT as a ground for divorce, but you would have to argue that your husband's avandonment of you was UNJUSITIFED and that you have and that you have repeatedly been asking him to move back home with you since he left last March. Alternatively, perhaps you can muster facts for a CRUEL AND INHUMAN TREATMENT ground for divorce, or if he has been unfaithful that could also constitute a ground for divorce.