Legal Question in Family Law in New York

Re: Always leaving and coming back, who files first?

Clearly, your husband cannot decide what he wants to do / how he wants to do it. What has become of the proposed separation agreement? Have you ever reviewed it? Can you determine from examining it whether it was prepared with the assistance of an attorney {i.e., does the attorney's name appear on it?}.

You should probably not be so certain that you cannot afford an attorney - - you should contact the local bar association in the county where you live and ask if there is a referral program.

YES! Consulting with an attorney would be a wise course of action for you to pursue.

However, if you are quite convinced that your husband does intend to "vacate the premises" (any day now) and leave you without support, you do have the option of going to the Family Court and filing petitions for child custody, child support and spousal support.

Court personnel will help you with the paperwork. It is not complicated. Since you are filing a custody petition, you will have an opportunity to request the services of an assigned attorney {assuming you meet certain financial guidelines}. Just get yourself to that courthouse as early in the morning on a regular business day and be prepared to spend ..oh, how long?.. an hour or so.

Utilizing the Family Court option will be relatively "painless", it ought to be effective in terms of "focusing" your husband's attention and it should serve to lay the foundation for resolution of at least the most fundamental issues of custody and support. An additional consideration is that this approach will not cost you anything.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Always leaving and coming back, who files first?

Yes, you should have an attorney.

Since you do not mention whether there are children, or income figures, etc., it is impossible to give you specific advice here.

Suggest you consult with an experienced matrimonial attorney, where you can learn your rights and options. The attorney will recognize whether the court can award you counsel fees, to be paid by your husband.

If you are in the NYC / LI area, please call me to schedule a confidential attorney / client consultation.

516) 741-7799

Re: Always leaving and coming back, who files first?

Go to Family Court NOW! Get a custody order,child support,etc...Get an attorney. If you want the husband out of the house, then there are means. Be proactive so you won't get caught napping. E-mail.