Legal Question in Family Law in New York

Divorce Rights

Hello, I am a thirty five year old woman who needs to know what my rights are as far as divorce. My husband of seventeen years all of the sudden has decided that he does not want to be married anymore and has moved out. He also has informed me that there is someone else. I need to know my rights in this situation. Finances are my main concern. He earns twice as much as me and I need some of his income to keep my house and car. Any info will be appreciated. Thank you.


Asked on 11/25/00, 12:46 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Divorce Rights

This is a very big question that cannot be quickly answered. Just like every marriage is different, every divorce is different.

If there are children, I strongly suggest that you contact your local bar association and request information for the PEACE program. The program is free and you will receive information as to the law and the effect a divorce has on a child.

Furthermore, there are many attorneys who would love to talk to you. I suggest that you contact an attorney that was recommended to you by a friend or family.

Mike.

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Answered on 11/29/00, 1:33 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorce Rights

Sometimes a consequence of marrying young is a panic reaction as "mid-life" approaches. If he has been having an affair, he may find out that illicit sex loses its appeal once it ceases being illicit.

You have to decide whether you want to wait for him to come to his senses or whether you want to move on with your own life.

Before you make a legal decisions, I suggest you get some short term counseling for yourself. Divorce is one of the most stressful events of the modern age. Short of losing a child, I can't think of anything more stressful. The sense of rejection / failure is ongoing.

Try viewing this as an opportunity for growth and self-realization.

If he has a pension or 401K, etc., the value of those assets may equal or exceed the value of the house. Given the disparity of incomes, and the 17 year duration of the marriage, you would also be entitled to maintenance for a period of years.

Don't make the mistake of rushing into a divorce too quickly. While you have grounds for divorce, he may not.

IF it is not in your economic interest to divorce at this time, then don't agree to it.

There are many strategic and tactical nuances here.

Suggest you get an in-depth consultation from an experienced matrimonial attorney.

Hope this helps.

www.BravermanLawFirm.com

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Answered on 11/29/00, 11:54 pm
Daniel Clement Law Offices of Daniel Clement

Re: Divorce Rights

You may have the right to maintenance (alimony) and equitable distribution (the division of the martial property). Without knowing the specifics of your case, iti s impossible to render any type of meaningful advice.

For an overview of your rights, visit my web site www.clementlaw.com for answers to frequently asked questions about divorce.

If you want, you may call me to schedule a consultation.

Daniel Clement

212-279-6194

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Answered on 11/30/00, 10:13 am


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