Legal Question in Family Law in New York

Re: Husband wants divorce. Nothing is in my name

This is a story that I have heard many times in the past.

The best possible advice to give you is to copy as much information as possible. Copy all statements, deeds, mortgages, titles to automobiles, credit cards, investment portfolios, tax returns.... Copy, Copy Copy!!!

The information will prove invaluable to the attorney that will represent you in the divorce.

Mike.

Re: Husband wants divorce. Nothing is in my name

The right direction is to immediately retain an attorney, after consultation, in order to protect your rights. You may seek interim relief that includes, spousal maintenance and support; and restraining orders to prevent your spouse from transferring, disposing of or hiding property and assets. You may also obtain attorney fees from your spouse, if you are without separate income or resources, to pay for same.

It is also advisable to investigate counseling, so that you are better able to articulate your needs; and withstand the apparent bullying personality of your spouse, respecting financial matters.

As indicated in prior responses, since NY is an "equitable distribution state" under NY's Domestic Relations Law, Property acquired during the marriage by either party is generally considered marital property and subject to distribution. You are also, generally entitled to continue to live in the style to which you have become accustomed.

If there is no violence or threat of same. Stay in house and tell money bag spouse to leave by June.

Good luck.

Re: Husband wants divorce. Nothing is in my name

The fact that you are not on the title to property does not mean that you do not of claim and right to the property. There are many things that you can do to garner information on his finances. Be sure to segregate a portion of any joint savings you have so that you will have access to it for your living expenses. I would think twice about leaving the marital residence, since you almost certaily will have a claim to it. Most of all, get yourself professional advice from an attorney - he/she can guide you through the discovery process and formulate an equitable settlement. Best of Luck to you.

Re: Husband wants divorce. Nothing is in my name

You are entitled to your full equitable share of all of the property that your husband has acquired during the time that you have been married. This is your right as a matter of law. If you do not assert your right to what you are entitled to, your husband may think that he can give you just a small amount. You should certainly collect every scrap of information that you can about all of the assets that your husband has acquired, both now and in the past. Remember that a picture, or a document, is worth a thousand words. And you most certainly do need to engage the services of a sympathetic, knowledgeable and effective lawyer. You should know that, at the end of the day, your husband may well be responsible to pay your legal fees. Sincerely Jeremy Morley, [email protected]