Legal Question in Family Law in New York

Served with summons/notice

I lost my brother who was a fireman on 9/11 and in shock for quite some time.Shortly thereafter, my husband started having an affair with a friend of ours. We bought a house aug 02'(the downpayment came from my family). I confronted my husband last May after seeing his cell phone bill. He was on the phone with this girl in upwards of 20x a day. He said they were just friends. I asked that the calls stop, they didnt. I was still grieving my loss and obviously not seeing the signs of this affair. He was hiding money from me, going on weekend motorcycle trips (really he was with her), and drinking a lot.In 8/03 he voluntarily left the house saying he didnt know if he wanted to be married any more. I caught him in a hotel in 9/03 with this girl. 2 days later he signed the title of the house over to me, he no longer wanted the responsibilty. He moved to his parents home. I put the house up for sale. Is he entitled to any of it? He has given me no financial help other than child support. He sees his daughter 2 wkends a month.He also served me with divorce papers three days ago, suing me for constructive abandonment, equitable distribution and custody of my 3 1/2 yr old daugter. HELP!


Asked on 5/02/04, 3:05 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Served with summons/notice

you should get an attorney immediatly the court can award part of the house to your husband and a number of your rights may be in jepoardy call me for a free consultation at 516 946 7100

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Answered on 5/02/04, 8:29 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Served with summons/notice

My sympathies and gratitude to you and your family for your brother's service.

You need an atty as you must answer the complaint. As for the house, if statutory procedures were followed in the "signing over" of the house, it is legally yours but he may be entitled to part of the proceeds. As for the full custody...most times used as a scare/negotiating tactic. Good Luck.

Debra

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Answered on 5/02/04, 11:20 pm


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