Legal Question in Family Law in New York

Divorce Options

Sixteen months,two attorneys and $5,000 later I still am not divorced. My wife refuses to give me a divorce because of ''religious reasons'' but through her attorney she is demanding more than 65% of my salary for life with annual increases ...along with life insurance and medical, also for life. She wants all properety and does not want to be held responsible for any mutual debts. She is 48 years old and healthy and our three grown children are on their own.

I have had to withdraw (again) because I cannot afford what she is asking and she knows it. Is going to Haiti a viable option for me? She would have no grounds to contest the divorce other than the validity of it, correct? And as far as I understand, it would be valid. I think I would be better off taking my chances of letting a NY judge decide how much she gets after the divorce.

Since I left I have taken full responsibility of all financial matters and she has access to funds for personal expenses. She lacks nothing.

I welcome any advice. Thank you


Asked on 11/15/01, 11:54 am

3 Answers from Attorneys

Jeremy Morley Morley & Trager

Re: Divorce Options

Running away probably won't help. Stay and fight. It's not a question of what your wife wants but of what the court actually awards. The courts in New York will do what is fair and equitable as long as your case is presently sufficiently well for the judge to have a clear understanding of your true situation. You should stop worrying about what your wife is asking for. Instead, hire a good lawyer who will aggressively represent your interests and bring this case to court with all possible speed. Jeremy Morley [email protected]

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Answered on 11/15/01, 12:01 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorce Options

Under the laws of the State of New York, a divorce is not "given" to you by your spouse, but granted by a Judge. If your wife will not cooperate with an UNcontested divorce, then that is why we have people in black robes. Suggest you consult with an experienced matrimonial attorney, who is more aggressive than your previous counsel.

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Answered on 11/15/01, 1:11 pm
Kellie Gasink Kellie Gasink, Esq.

Re: Divorce Options

You need an attorney who isn't cowered by the wife or her attorney. Sadly, they are rare these days, Often the deck is stacked against the man in divorce, especially when children are involved--custody/visitation/support--and property/$$$.

If you want to fight for the best situation for yourself, then you should get a real legal gun. You can't get that in Haiti.

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Answered on 11/15/01, 6:03 pm


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