Legal Question in Family Law in New York

separation/divorce from bipolar husband

My husband has been hospitalized 3 times for mental

illness (2x against his will). He isn't staying here after

he checked himself out (against dr.s advice)--staying at

his parents and will get a new apartment. He refuses

reg. dr. visits and goes off his meds. I got a ''mental

hygene warrent'' from Brooklyn Court, but wasn't used.

We have a 3-yr-old and I've been an at-home mom.

what are my rights,etc. if we divorce? How to do this?

Will I get allimony/child support? What abt. division of

property? Thank you for advice/help as I feel lost.


Asked on 5/31/02, 7:48 am

2 Answers from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: separation/divorce from bipolar husband

You will have all the rights of anyone who divorces, but there may be an enforcement issue. You may not be able to get any child support if his illness is such that he cannot work. If he files for and receives federal SSI, that is specifically exempted from the NY chiild support statute. I would strongly suggest you retain a local attorney.

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Answered on 6/03/02, 10:33 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: separation/divorce from bipolar husband

You are clearly in a very stressful situation. However, I cannot advise you here without full knowledge of the financial situation. If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 6/01/02, 9:18 am


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