Legal Question in Family Law in New York

Spouse unwilling to negotiate anything

I want a divorce. I made this clear to my husband 10 months ago. I have hired an attorney; doctor husband has ''dream team.'' Husband wants to ''save the marriage'' and will not allow dream team to enter into good-faith negotiations. I feel like I am on death row. After 13 years of physical, emotional, and verbal abuse, not to mention husband having 100% control over finances, I want out. My lawyer says I have no grounds for divorce in NY, says dream team is famous for stalling. My lawyer told me today I basically have no options if husband will not negotiate - he holds all the cards, as usual, and I am feeling completely beaten and broken. Should I get a new, more aggressive lawyer? What can I do to get my husband out of the house? Husband is alcoholic and daily pot smoker (I have pictures of his stash). My lawyer gave me the number of a PI to call, turns out, he is already working for my husband (really no need, I'm not cheating, but town rumor is that husband is). How can I get my husband to negotiate? I cannot go through another holiday season with this man and his horrible family. I want a chance at a happy life, and I know I will never have it with him. How can the law make me stay in this marriage? Please help.


Asked on 10/11/05, 9:17 pm

5 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Spouse unwilling to negotiate anything

You should, as indicated by the other attorneys, consult, in person, with another lawyer. It would also be helpful for you to take with you a summary listing, with aprox dates, of your husbands alledged misdeeds, or acts of mistreatment.

Additionally, you should consider a "life plan" for yourself, possibly with the assistance of therapy.

For, If your marriage is no longer viable and you believe it entirely too opressive, for you, to continue to live with your spouse. YOU should move out, and establish a separate life for yourself. No one, including the Courts, can "make you" continue to live with your husband, or subject yourself to his abuse, or unwelcome attentions.

Presumably, you have a one half interest and share in your spouse's income, money and assets acquired during your marriage, from his employment, whether in his or your name. And, even if you do not have adequate or substanial grounds for a divorce, you nevertheless might have grounds for some sort of "equitable" partition action or legal Separation degree.

Stop trying to "make" your spouse negotiate, or see things your way. Obviously, if you don't agree,... about your marriage, you will not agree about your divorce.

Take responsiblity for your life!!!

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/14/05, 1:33 pm
John O'Donnell Attorney at Law

Re: Spouse unwilling to negotiate anything

You may want to consider consulting another attorney. It sounds like you may have grounds, and there may be other options.

If you need assistance with this matter, please feel free to contact me.

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Answered on 10/12/05, 11:48 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Spouse unwilling to negotiate anything

Get a new lawyer.

Any comp4etant lawyer can get you divorced in New York.

This tactic has been tried on me and my clients. I just get the matter before a judge and then I get the judge to issue orders. The divorce happens!

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Answered on 10/15/05, 11:32 pm
Robert Evans Robert S. Evans esq.

Re: Spouse unwilling to negotiate anything

It appears from your description of the situation that you may very well have grounds for a divorce. A second opinion never hurts. You may however have obstacles in the other aspects of resolution. There may be a change in your lifestyle .You may contact my office for further discussion. Also a caveat, long ,hard fought legal proceedings are quite costly. You may contact my office for a consultation, the number is listed

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Answered on 10/12/05, 1:07 pm
Seth Kaufman Kaufman PLLC

Re: Spouse unwilling to negotiate anything

You should consult with another lawyer for a second opinion. If you have endured abuse within the past five years, you may have grounds worth pursuing. There may also be other measures you can take to make your husband's stalling inconvenient or expensive enough to force him to play ball. An aggressive attorney is not always a good attorney, however, or the right one for a particular situation. New York law notwithstanding, you shouldn't be forced to stay married and probably don't have to.

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Answered on 10/12/05, 12:10 am


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