Legal Question in Family Law in New York

Divorce maintainance

I have been married for 2 years and 2 months. My wife is moved out of the house and plans to file a divorce on the grounds of ''Inhumane and cruel treatment'', which she has no foundation for.

I do not agree with that, since I have not done this to her, but she said if I don't sign the divorce papers she would sue me to get maintenance money and pay legal expenses. Can she actually do that? Do I have to admit guilt to something I do not believe I did?

Please let me know.


Asked on 7/30/01, 12:50 pm

3 Answers from Attorneys

Kellie Gasink Kellie Gasink, Esq.

Re: Divorce maintainance

You do not have to lie on yourself. You need legal counseling to make sure that your wife does not try to strongarm you on other matters as well. You have rights, so stand up for them now or get screwed later.. Please call 212.883.1963.

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Answered on 7/30/01, 3:58 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Divorce maintainance

I am surprised that your wife's attorney would ask you to lie. In most matrimonial actions, the defendant (husband) usually ackowledges service of the documents and "neither admits nor denies the allegations in the complaint." This is very different from an admission as claimed in your message.

Mike.

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Answered on 7/31/01, 9:03 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Divorce maintainance

Unfortunately, divorces can get very nasty, and it sounds like yours is headed in that direction.

Cruel and inhuman treatment is not what you think it is. It can be as minimal as 3 fights in which you said something really nasty. It can also be spousal abuse.

She can sue you for maintenance and attorneys fees. Maintenance is not awarded much in New York anymore, unless the spouse requesting the support is elderly or disabled. Counsel fees are granted more frequently, either based on one party's ability to pay, or one party's needless delay of litigation.

If you do not believe you have treated her in a cruel and inhuman way, don't sign the papers. Get a qualified divorce attorney and sue her for abandonment.

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Answered on 7/31/01, 10:19 am


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