Legal Question in Family Law in New York

Divorced

This is a two part problem. I'm only looking for an answer or a general answer. My wife and I are each other necks, and she has a problem with her temper. That is why I'm looking to get a divorce from her ASAP. I would like to move out of state and without any legal forms or courts. I will be filing for divorce in November 05. I've asked her to please talk to a lawyer but she refused to. She wants me to just pack up and leave. So I would like to know what can happen to me (if anything), if one day I just pack up and leave? Would I need some sort of document or a witness hearing her say this? What or why isn't she interested in hiring a lawyer? The other part of this is I'm on Workers Comp with a lower back injury (2 buldging disc and 1 hernatied disc). Now, if she swings at me and makes me break my doctors orders (as far as bending) or causes more pain to me, what type of actions can I take? She will flip once she knows or feels that I'm leaving within a few days. Thanks


Asked on 4/22/05, 12:37 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorced

You may be liable to support your spouse, notwithstanding where you live; you could jeopardize any interest, share or right of possession to any property jointly owned; and you could "loose" your ability to prove your grounds for divorce, re cruel and unusual or other grounds.

Suggest that you consult with a lawyer, in detail, prior to leaving, with intent of filing, your Summons with Notice, in NY. You will then be able to preserve your claim, have at least 3 months, to serve the Summons (or more, via extension). If you move out of state, obtaining a divorce will be more problematic. And, a divorce is what it sounds like you need, ASAP.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/28/05, 11:31 am


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