Legal Question in Family Law in New York

Re: how do i contest a divorce

You should get an attorney ASAP! You have a lot of rights that need to be protected_ Don't sign or agree to anything with your husband before you get strong legal counsel_ Contact me for further details_ 212 883 1963

Re: how do i contest a divorce

You absolutely need an attorney. You should call your local bar assocation, and ask for a referral to an attorney who can help you at a reduced rate.

Re: how do i contest a divorce

Much depends on what stage you are up to in the process. Have you been served with a Summons and Complaint? If so, be sure to have a lawyer answer the complaint with your counter objections and proposals. Once those documents are exchanged there is usually a period where you can negotiate the terms and conditions of the divorce. You have a right to contest what he is asking for - but you have to do so within the procedures of the system.

As for finding a lawyer - the best sources are personal referrals or call the local County bar association - most have a referral service at nominal cost. Best of luck!

Re: how do i contest a divorce

If the house is in joint name, then he cannot sell it without your cooperation. Even if it is in his sole name, you have a claim to a share of it under the Equitable Distribution Law. That is also true of his pension, 401K, IRA, etc., or a license, which may have been acquired (or appreciated) during the marriage.

The courts desire a level playing field in these cases and can award you temporary counsel fees, to be paid by your husband. You may also be eligible for temporary custody, child support, maintenance, and exclusive occupancy of the marital residence.

Even if you have no money to retain a lawyer up front, some matrimonial attorneys would be willing to accept you as a client on this basis.

For more information, please see my web site.