Legal Question in Family Law in New York
I would like to start a business, but the problem is I am still legally married. We have not lived together in 7 yrs, but I am worried if I do start a business he would be entitled to take 50%, though he would not have contributed to start it. I am not against getting a divorce and have downloaded and printed a good portion of the uncontested forms online. I find them quite confusing, especially when it comes to the child(ren). We have already gone through family court for custody/support of our daughter, but the divorce forms seem to want you to fill all of that out again. I would hire a lawyer, but I am cheap, and the cheapest one in my area is $1,200 for uncontested. We have no property to split and I can't see paying that for paperwork, seeing he is not willing to assist with the cost of the divorce. I specifically would like to know if he would be entitled to any part of the business. Thank you!
2 Answers from Attorneys
Q. if I do start a business he would be entitled to take 50%, though he would not have contributed to start it.
A. Under NY law, the husband is entitled to equitable distribution (compared to equal distribution). He would only be entitled to a fair percentage of the company. Since you have not lived together for 7 years and your husband is essentially gone, I would think that fair would be a very small percentage (if anything).
Q. I would hire a lawyer, but I am cheap, and the cheapest one in my area is $1,200 for uncontested
A. That really is the going rate. Maybe you can work out a payment plan for the attorney.
Mike.
Thats the going rate for unreasonable attorneys. Your case will likely cost just $750 complete at our law firm. Please see http://www.nycdivorcecenter.com for details or call me at 212-913-9907. We handle cases all over the state.
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