Legal Question in Family Law in New York

Re: Divorce and am I entitled to?

The grounds of divorce would be contructive abandonment, based on the lack of relations for 1 year. You would be entitled to a portion of his pension and more than likely, spousal support (in addition to child support). Please contact my website when you are ready to proceed. www.traceyabloodsaw.

Re: Divorce and am I entitled to?

You cannot "make" your spouse move out, without a Court Order.

But, you can file for a divorce, for

(among other grounds) Abandonment, whether actual or constructive. And, request spousal and child support, and exclusive possession of the marital home, in the interim.

As a 10+ yr homemaker spouse, you are entitled to SSI benefits on account of your own and your husbands' contributions.

A spouse is entitled to claim a share of the other spouse's pension, retirement or IRA Plans and any and all other property, assets or benefits a husband may have earned from any source, proportionate to the years married and the spouse's direct and indirect contribution to acquisition of same.

A spouse is entitled to spousal support or maintenance, for a period of time, upon proof of need and other spouse's ability to pay.

In addition to spousal support, Spouse who retains custody of youngsters, is entitled to child support, until each child's majority (or emancipation).

Suggest: that you discuss with husband specific financial plans and timetable for him to "move along," with his life, ASAP, so that you and youngsters can "move along" with yours. Suggest that you have this discussion with husband, AFTER you and the lawyer to retain are prepared to move forward.

Good luck,

Re: Divorce and am I entitled to?

I agree with attorneys Bloodsaw and McAlister, with the added comment that you have a strong case for substantial maintenance and equitable distribution, based upon your history of working as a homemaker. Feel free to call my office to schedule a consutlation if you wish to discuss this further.