Legal Question in Family Law in New York
I have been married for 23 years, and have two children one 19 and the other 15. I have started the divorce process (never actually filing) several times in the past 10 years. Most recently I moved out after being attacked (documented with police report, and subsequent order of protection, (since dropped)), moving in with "a friend" for approximately six months. After six months of missing my children, I moved back into the house (into the basement), as I thought I might be able to deal with the environment and be with my children. After a month, I now find my car taken away, as I was supposedly "seen" with my "friend" and find myself in the same situation I was in before I left. The car is not in the family name, but in the business name, so it's not actually "mine". There is no question that I want a divorce, it's simply a matter of being able to get a job and pay for it, difficult without transportation. I have the following questions:
1) Can he do this, as the car is not registered to me but to the business? (that I am not an owner of, and the only "owned" car is in his name)
2) Even though conventional wisdom is to stay in the home, am I justified in leaving again as I fear that things will escalate again, as this is the same pattern as before?
3) If I move back out and live at "my friend's" (residing in a separate house on the property, not visible from any public access) how adverse will the effect affect be on my property settlement?
I had been to family court for support, and was convinced by him and his lawyer to drop the proceedings, so I will have to start from scratch again. The only representation I had during those proceedings was a pro-bono advocate. I have no ability to pay for legal counsel at this time, nor will I for some time to come the way it looks. Thank you in advance for your advice.
1 Answer from Attorneys
Under the new divorce law, your husband could be required to pay for your attorney. You should seek legal counsel now to see what your rights are. Things have changed since October 2010 with the new law. Your questions are good but to many to answer in this forum. If you would like a free consultation, you can contact my office at 631-486-7800.
Joel R. Salinger
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