Legal Question in Family Law in New York

I want out!

I want out of my marriage. I have not lived in the marital home for almost 2 months, my spouse works out of town, and is only home 1 a week. I wish to move back in my home, but do not want to deal with my spouse, what do you recommend? I left because I could not take the mental and emotional abuse any longer. I want to file for a legal separation, but am not sure how to do this. Also he is refusing to help pay for any of the household bills, and I can't do it all on my own. He is threating to sell the house for a dollar, can he do this? I just need to know what is the best thing that I can do? The house is only in his name, we have been married for five years, have lived together for 20 years, bought the house a year before we married.


Asked on 5/08/05, 5:32 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: I want out!

A legal separation is a half way measure, that is unlikely to meet your needs.

So,...If you want "out of the marriage" you don't want to file for a "legal separation."

You want to immediately see an attorney for purposes of filing for a divorce.

To the extent you require interim relief, ie., spousal support, maintenance, or a restraining order, to keep your spouse from disposing of his and your marital assets, your attorney may apply to the court for same, on an expedited basis.

DO NOT DELAY CONTACTING AND CONSULTING AN ATTORNEY ASAP!!! YOU DO NOT WANT TO FORFEIT OR WAIVE YOUR RIGHTS AND PROPERTY DUE TO YOUR INACTION.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/08/05, 2:55 pm


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