Legal Question in Family Law in New York

Begin a Divorce

I have been married for 19 years and just found out that my husband was having an affair. We agreed to work on the marriage and then I found him registered at singles sites. I work part time and really want to end marriage but I am afraid that I can't afford to. I have three children ages 17, 14 & 11. What support am I entitled to? Does he have to pay bills until divorce is final? He is a NYC cop with 1 year until retirement. Should I stick it out for another year to be better off financially? He is currently going to school to be a nurse after retirement. Please Help!


Asked on 8/24/03, 10:14 am

3 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Begin a Divorce

Your marriage has serious problems, as you know. Depending on economic facts which you have not mentioned, you may have various options open to you.

Rather than reacting like the man who jumped on his horse and rode off in all directions at once, suggest you consult with an experienced matrimonial attorney to develop an effective strategy.

FYI - I practice in NYC and Long Island.

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Answered on 8/24/03, 10:29 am
Seth Kaufman Seth M. Kaufman

Re: Begin a Divorce

As Mr. Braverman notes, the answers to your questions depend on information you do not provide. Any advice on your financial situation is premature and improper. A formal consultation is in order. I practice in Manhatt and and I do not charge a fee for the intial meeting. My office number is 212-367-9167.

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Answered on 8/31/03, 7:31 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Begin a Divorce

You are correct. Your husband's behavior is not consistant with a desire to continue the marriage. I can't imagine how painful this must be for you. Have you brought this up at counseling and let him know how destructive his behavior is to you?

On the legal side, you are correct to start asking questions. Asking questions does not require any action or decisions. That way you can make better decisions!

You are correct that the duration of the marriage has an impact on how the marital estate is divided. You have an interest in his police pension for your 19 years of marriage. If the marriage lasts longer, you get a little more each year.

In general, assets that have been created, built, developed during the marriage are split 50/50 between husband and wife. Child support is available until the kids are 21 in NY. Alimony/support is targeted to helping the receiving spouse become self-sufficient.

You are welcome to ask more questions. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/24/03, 9:47 pm


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