Legal Question in Family Law in New York
What to do?
My question is this, I have been married now for 9 years, my wife has used my to become an american citizen and to bring her 3 kids (from previous marriage) here from Equador. I live in a garage, and she lives in the main house with her 3 kids. Ever since her kids arrived, she has somewhat abandoned me. She continues to mentally abuse me and her and her 3 kids constantly tell me to move out. Also we have not had sex for at least 5 years, what do I do? Should I move out and will it be called abandonment, even though her and her 3 kids have told me to get out, and can I get an uncontested divorce, and if so, please, please tell me how to get an uncontested divorce and have her sign for it. I have no children of my own. She works full time and she lives in the main house with her 3 boys and gets back and forth to work with letting them drive her. Please somebody give me smart advice. I have been the victum for a very long time and need to get out of this situation, and I am afraid for my car, that I own, and am afraid for my money that I work way too hard for. Please somebody help me? I am scared for my life!
3 Answers from Attorneys
Re: What to do?
If you are "scared for your life" you MUST go to the police or personally visit an atty at once!
An uncontested divorce needs both parties to agree to the divorce and one party to admit to fault. All other issues must be worked out as well. Since you do not have children together that would mean, financial issues. Do you own this house? Who bought it? During marriage or before? Whose name is deed in? Is there a mortgage? Do you have other assets/debts?
If she will not sign an uncontested divorce, you can sue for divorce under mental cruelty, abandonment, etc. You will need an attorney.
You should move out, if you are being abused (mental or physical) and it will not be abandonment and even if it was...so what? It won't change how your finances/assets are equitably distributed.
Will she agree to the divorce?
I can prepare the uncontested divorce papers for you via Email/fax/mail. Please contact my office via E-mail or phone to discuss.
Debra Palazzo ([email protected])
Re: What to do?
As usual, I agree with Atty Palazzo's response. But will add that you should also consider investigating help, in the form of counseling, agencies etc., for abused husbands. They do exist, though not as many as for women.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: What to do?
you should have an attorney immediatly. you need both physical and financiak protection. I am available for a free telephone consultation at 516 466 LAWS