Legal Question in Family Law in New York

My spouse has been diagnosed with AADD, does not take medication, has mood swings, is verbally abusive and impossible to live with and on top of all that, he does not think he has to work. This has been going on for 5 years and I work extra shifts at my job to pay the mortgage, etc. We are behind on other bills (utilities). Aside from divorce, for which I do not have the $5,000 up front fee, is there any way I can have him deemed mentally incompetent? I need him out of my life and we have a house to sell for which he feels no responsibiity. We also owe money because of the house renovation.


Asked on 5/14/10, 9:42 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Five thousand is perhaps too much for a divorce but its what you may pay if you try for a civil commitment that would fail. As long as your husband can care for himself then there is no possibility that you can call his competency into question is a court of law. You may want to try another lawyer or a "self-represented " divorce that would begin with someone leaving the home. If he refuses to leave then its up to you to get on with your life and simply walk away from the home. What's more important: start re-building your life now or waiting the next few years for something to change.

Read more
Answered on 5/19/10, 10:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York