Legal Question in Family Law in New York

Separation laws/dispensing of personal property

I have been in an abusive marrage for more years that i would like to admit. Recently my abusive husband told our 14 year old daughter things about me. He has brainwashed her and has turned her against me. I need to get out of this marrage. I dont have any money because he has never provided for me in all our years of marrage. I want to dispense of our personal property and get my 50% share of all i am entitled to without me having to file for the divorse. Please help me.


Asked on 3/19/04, 10:51 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Separation laws/dispensing of personal property

You will not be able obtain distribution of your marital property or assets without a divorce; or legal separation. NY still provides for legal separations, but I do not reccommend separations.

Nevertheless, you don't appear to be ready for that either divorce or separation.

Meanwhile, get yourself ready. Investigate programs for "displaced homemakers" or shelters for abused and battered women. If your daughter is suffering the effects of your husband's abuse, then you should find counseling help for your daughter.

It is likely that when your daughter sees you taking control of YOUR life, keeping others from steping on you; working and becoming entirely self supporting,....then her attitude toward you will change.

In a word, until you make changes, you will remain stuck, afraid and disrespected by your spouse and child.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

You need counseling to strengthen your self image and in order to extricate from your abusive and dibilitating relationship with your spouse.

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Answered on 3/19/04, 5:39 pm


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