Legal Question in Family Law in New York

Non-working spouse

I have been in and out of work over the past 15 years of our marriage and through this time i have been the primary care provider for our 2 boys.my wife is the bread winner and corperate person as i am the stay at home mr.mom i am the one who did since birth the doctors dentist schooling parties playtime cleaning cooking bathtime laundry homework maintainance of the home and so on, what are my legal rights to get full custody of the kids and to get to stay in the home with my 2 boys.i have basically put my life and work life on hold so that my wife can climb the career ladder and now that she is at were she wants to be this life is not good enough for her.i have been recently served with divorce papers and since i cant afford an attorny i need to know what i have to do.in the papers she states she has been the care provider for the kids,granted she make the money and does travel for her job alot and i am at home taking care of them. she also recently refi the home and says that everything is hers,this is how it has always been. I am afraid that when i go to court she will ask for me to be removed from the home, my boys have said to me that they need me as i do everything for them and that they want to live with me..


Asked on 11/27/06, 1:47 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Non-working spouse

You should probably ask the court to order your wife to pay your legal fees. You may also want to consider asking the court to grant you exclusive occupancy of the home. Unless there is a valid agreement to the contrary, most of the the property acquired during the marriage is subject to equitable distribution, regardless of whose name is on title. Consult an attorney as soon as possible. Call my office if you wish to discuss this further.

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Answered on 11/27/06, 9:45 am


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