Legal Question in Family Law in New York

Re: Need it to end

I need more information in order to fully assess your situation and advise on the best course of action. From what you described, however, you may want to think about commencing a divorce with an order to show cause for "pendente lite" relief including exclusive occupancy of the marital residence. Again, I would need to know all of the details in order to tell you how that might turn out. Feel free to call me at 212-367-9167 if you want to discuss this further.

Re: Need it to end

You should seek immediate consultation with an Attorney to explore your case in detail; and to determine whether there is necessity for immediate action. Please note, Consultation does not mean you are obligated to proceed or retain the attorney consulted.

In the interim, A first step, to confirm your committment to separate and open up negotiation for his leaving, might be:

You filing a Petition in Family Court in your County, for Child Support, even if he is residing in the household. The Family Court can ascertain what income he has available....or should have available for child support, if he were gainfully employed. You will both be required to prepare Net Worth Statements,and other supporting docs, so be prepared.

Do not further indicate that YOU have been supporting him...etc.. You dont' want the Divorce Court, when you get there, to determine that he was the primary "homemaker" now in need of spousal support. So, don't claim him as a dependent etc., file separately and separate all of your finances and assets if you haven't already done so.

Note, Family Court does not have jurisdiction over your household or other marriage issues, but is sometimes the place to begin; and it is a "Pro Se" Court, (a Court where Litigants often represent themselves}.

However, it is advisable that you have a lawyer in most instances and certainly when you decide to commence a divorce action, that is likely to be contentious.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

Re: Need it to end

there are so many issues that i'm sure you haven't even considered. you certainly need judicial intervention and an attorney call me at 516 410 4001 or e mail information so that I can send you my free special report

Re: Need it to end

Your message was mostly cryptic. I would suggest that you consult with an attorney for a full explanation of your rights.

Daniel Clement