Legal Question in Family Law in New York

Divorce law

I have been married for 22 years have 5 children ages 21, 20 (in the service not living at home) 13,12,11 and currently own a home in NYS. My husband wants a divorce- he is still living at home and neither of us has seen a lawyer- we have a big mortgage and he can not afford to leave- The Question:

without retaining a lawyer can we put the house up for sale, pay off our mortgage; divide the remaining in 1/2 and then may a purchase a home in my name with my half of the money and then get a divorce? would i then have to give him 1/2 the home-

I do not wish this to be a nasty divorce but need to move quickly as possible so its afforable for my husband to live elsewhere-and that i may have a home for my children-

help me please


Asked on 6/14/02, 3:16 am

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorce law

I must tell you what you do not want to hear: you need a lawyer. One lawyer. Do not try to assemble a Committee of free laywers [or non-lawyers] to advise you. That would be like the nine BLIND men and the elephant. Each had a different view of the beast and none had the whole picture.

Of course, in our country, even the 20th bomber has a right to represent himself, but you will do better, in your divorce, if you are represented by an attorney. You mention that you want to buy a new house for yourself. You could save money, perhaps, by building that house yourself, if you knew what you were doing.

Suggest you have an in-depth consultation with an experienced matrimonial attorney BEFORE you make any decisions that you will regret later.

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Answered on 6/14/02, 8:23 am


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