Legal Question in Family Law in New York

help

My wife informed me a week ago that she wants a divorce and she wants me out the the house in 30 days. I was completely unprepared for this. We have three children(ages:7-3-5mths).

I don't drink,do drugs or am I abrusive to her or the children! Can she just throw me out of our home? WE RENT

WHAT ARE MY RIGHTS? DO I HAVE ANY? DO I HAVE TO LEAVE?


Asked on 7/07/04, 10:18 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: help

You have rights, but you MUST proceed cautiously.

Absent a court order you are not required to leave your home on your wife's "say so."

However, it is adviseable that you make arrangements ASAP to move out, in order to avoid conflict with your wife that she may decide to escalate in order to "make you move per a court order."

Try to discuss with her the time you will need in order to relocate and ask for her patience; and discuss with her in some detail, her thinking concerning the children, your contact and access to them; and the household bills.

Copy and Remove all of your financial docs from the premises and immediatley consult a lawyer to begin formalizing the terms and conditions of separation .

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/08/04, 4:11 am
Seth Kaufman Seth M. Kaufman

Re: help

I concur with Ms. McAlister.

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Answered on 7/08/04, 7:53 am


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