Legal Question in Family Law in New York
Seeking divorce from Husband
I am writing this for my sister who is not able to. She is now wanting to file for divorce from her husband who left them back in 2000. He has been working there as a teacher. She wishes for spousal support . How do we do this?
3 Answers from Attorneys
Re: Seeking divorce from Husband
If your sister NEEDS spousal support due illness or because she is, or is likely to become a "public charge," (and she does not NEED a divorce), she may file a Complaint or Petition for SPOUSAL SUPPORT, in either NY Supreme, Matrimonial Part or Family Court.
If the need for support is for a child of the marriage, a Petition for Child Support may be filed in the local "Family Court" or in a Family Court, in NY.
If your sister does not live in NY, her Complaint or Petition may be filed in the County of her husband's residence, in NY (Manhattan) or Albany County.
Good luck,
Re: Seeking divorce from Husband
If she wants spousal support, she must file for divorce first. She will need an attorney to file an interim relief motion (Pendente lite motion) if she needs support during the divorce. Does she work? How much does she earn? How much does he earn? Is there property, homes, pensions, etc.? She or you can contact me directly at my email address provided.
Re: Seeking divorce from Husband
If you don't know how to do these things and it's important to you - you need to get a lawyer. Seems like your sister might have a good case, but it's going to cost some money -- and be worth money to her for spousal support. If these issues are important to you get a lawyer.