Legal Question in Family Law in New York
theft
first let me say that this service is fanominal. my problem is this, my wife of 12 1/2 years has recently filed for a divorce, i haven't been served yet but she hhas filed with an attorney. i have recentley noticed that some mail that i have been expecting has not shown up to the house. i contacted teh person that i was expecting the mail from and they assured me that they indeedly sent the said mail. i proceeded to search the house and my wifes belongings to try to locate the mail. in doing so i found other mail of mine that i didn't even know came in. i found rebate checks that were in my name alone. i have also gotten emails and other mail from some of my personal accounts stating that someone has been trying to get my passwords for various accounts. my wuestions are as follows:
a: can she open my amil even if it is not addressed to her?
she has never opened my mail prior to this that i know of
B: can she blatantly steal my mail that comes to the house?
c: should i get a p.o. box or similar until the diveorce is final or would that indicate a motive that i'm willing to move out?
thank you in advance for your help
1 Answer from Attorneys
Re: theft
Your mail IS private and personal to you and Your "wife" does not have the right to invade your privacy in that way. But, avoid belabouring the point and simply remove the opportunity for conflict.
You should immediately sit down with an attorney for consultation, in order to obtain a complete assessment of your rights, obligations and options, concerning dissolution of your marriage.
In the meantime, you should review and SECURE ALL of your property, accounts and personal papers, at a location away from your home and unavailable to your spouse, especially if you believe she is untrustworthy. You do not have to use your home address, as your "mailing address." You can have a PO Box, without loosing your home as your legal residence. You also can change your bank, bank accounts, signature cards, computer access codes, etc... Your mail (both postal and email)can be forwarded to any place of your choosing, and to a place and in a way that you can be assured of protecting your privacy.
Good luck,
Phroska L. McAlister,ESQ