Legal Question in Family Law in New York

Re: Divorce

You will be entitled to receive your equitable share of the marital assets. In addition, you may be entitled to child support, spousal maintenance and an award of attorney's fees.

If I can be of help, please feel free to contact me.

Daniel Clement

__________________________________

Law Offices of Daniel E. Clement

350 Fifth Avenue, Suite 3000

New York, New York 10118

Tel: (212) 279-6194 Fax: (212) 695-6007

E-mail: [email protected]

Website: www.clementlaw.com

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Re: Divorce

You can absolutely sue him. You can sue him for divorce, and ask for "equitable distribution" of the things he took. If the items or money was marital property, you are entitled to a share.

I understand you not being able to afford the fees some attorneys charge in divorce. If your husband has signifigantly more money than you do, an attorney may take the case on based on the hope of getting him to pay the attorneys fees. Otherwise, keep consulting with attorneys until you find one who will work with your financial siutation. Equitable distribution is complex, and although you can take it on by yourself, I would not suggest you do.

Re: Divorce

It sounds like you married a thief. You can bring a divorce action in New York and seek Equitable Distribution and maintenance. You can also ask the court to award you counsel fees.

If he has a pension,401K, or a degree or license acquired during the marriage, etc., the court can give you a monetary award based on that.

Suggest you consult with an experienced matrimonial attorney to learn your rights and options.

Re: Divorce

It is theoretically possible for you to sue him for divorce, without the benefit of an attorney. If you went to the office of the Clerk of the Supreme Court in your county, you could ask for the "uncontested divorce paperwork" and, if you can follow instructions with care, and if you can locate the sheriff in the county in Calif. where he lives to have him served with the papers, and if you can afford approximately $300.00 in court fees, and if you get the paperwork Just Right ... you could end up divorced.

However, this method is NOT likely to get you anything in the nature of a "financial settlement" {also known as 'equitable distribution'} - - but, you would be in the best position to judge whether there is any REAL hope of getting any $$ out of him even under the best of circumstances. I mean, of course, the first & most important question is "Does He Have Anything?" Going in search of assets & going through all the steps to get a grip on such as that *probably* does require the help of a lawyer.

You should check the yellow pages under "Attorneys" or "Lawyers" to get the number for and contact the local bar association in your county and ask if they have a referral program. You should be able to arrange an "initial consultation" at very minimum expense and it would probably be well worth your while to have such a consultation with an attorney - - if for no other reason than to help you understand whether there is any real chance of recouping from him any of the value of whatever he took from you / the marriage. Too, you need to settle in your own mind on your goals:

If your primary goal is 'divorce' that is probably "do-able". Bear in mind that while he remains 'married' to you, his options are somewhat limited (as are yours, of course). Still, for instance, if it should come to pass that he passed away and left any estate, you would have rights to some share of that, if you were still married; likewise, if he had accumulated social security rights, you would be entitled to the 'survivor benefits', if still married. So, depending on the whole of the real circumstances, a case could be made for the proposition that you "bedevil" him more if you stay married, than if you get a divorce.

Check out the bar association referral option - I think you'll find it helpful.

Good Luck.

Regards, etc.,

JM Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Divorce

You can do an uncontested divorce on your own.

But if you want to retrieve property or assets, then you will definitely need an attorney. Payment arrangements can be organized to suit your current situation. Call 212.883.1963 if you are in Metro NYC.