Legal Question in Family Law in New York
legal rights to residence
after three weekends of my husband dissappearingg, I gave him 48 hours to decide wether he wanted to be married or not. He moved in with a friend. I then found out and retained proof he was having an affair. I retained an attorney. After an incident an order of protection was issued, he wants it dropped....What rights does he have to live in our jointly owned residence after the order is over....he says he can live here indeffinatly until divorce...can he...what is the law on this matter?
1 Answer from Attorneys
Re: legal rights to residence
First, don't listen to your husband's legal advice. Have you spoken to your attorney about this?
You should file for divorce quickly, and do a motion for temporary relief, awarding you exclusive use of the marital home. This will keep him out of the house as well.
If you have retained an attorney, these are things you should address with her/him.
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