Legal Question in Family Law in New York

What to do when leaving the home

Thanking you in advance for the answer. I am at the point that I will be leaving the home for a 3 or 4 week period to determine whether I will leave the home for good. During this trial period of being out of the home what do I have to do or say to my spouse so that I can still come back to the home, not lose any rights to the home financially, or not find myself on the street without any recourse. Before I leave the home it is important for me to know my rights and responsibilities. In essense the question is, How do I leave the home during this trial separation and protect all of my interests. Thanking you again and hoping to hear from you in the very near future.


Asked on 7/29/04, 5:47 pm

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: What to do when leaving the home

As an adult, you are entitled to take "a several weeks vacation" from your home, so long as you continue to take care of your normal responsibilities or obligations; and do not do anything that could be seen as wasteful dissipation of marital property or assets.

Also, as you know, in this country, sex o/s of marriage is perceived as a no no. So, the "vacation" or "health rest" due to your "burn out" and your "change of scenery" should be taken alone.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/31/04, 7:56 pm
richard feldman richard d. feldman

Re: What to do when leaving the home

I have done a great deal of pre divorce planning but cannot deal with all of the issues in this forum. you can call me at 516 466 5297 for a free telephone consultation.

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Answered on 7/30/04, 9:16 am
Robert Evans Robert S. Evans esq.

Re: What to do when leaving the home

You need to have a comprehensive separation agreement drafted in order to protect your valuable rights .Properly drafted it will embody in writing all agreed upon rights and obligations of both parties and also protect the most valuable rights of the children if any.For more info you can call my office @718-834-0087.

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Answered on 7/30/04, 10:30 am


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