Legal Question in Family Law in New York

Re: Staying in my home

There is no way of getting your husband out of the house unless he voluntarily agrees to leave or you get an order of protection against your husband. To get an order of protection you need to establish a family offense has occured.

If you would like to discuss this matter further please contact my office.

Shawn Kassman

Re: Staying in my home

One option is that you can find a battered spouse shelter which you and your son can go.

Another is that you can file for an order of protection in family court which would require your husband to leave the home and give you a certain amount of protection.

Then you can file for divorce. You can request that the court award you exclusive use and occupancy of the maritial home.

You should consult an attorney in person on all of these issues and options.