Legal Question in Family Law in New York

Hello,

I am writing in hope of an answer to a question I have. I was married in October of 2007 . My husband is a non US citizen who was here on a working visa. He abandoned me in July of 2009 and fled back to the UK because of tax related issues with the IRS that did not involve me.He was also physically and emotionally abusive. He refused to disclose his whereabouts and I have just recently learned where he is though I do not know how long he will likely stay there. The only support he has given me was $65.00 back in August. He owns a farm in Wales. In early July of this year just before his departure he sold a part of the land on this farm. He is claiming he has no money which I know to be false. The sale of this land gave him approx. $50,000. I want to know if I am entitled to half of that amount as it was sold during our marriage. Any help would be greatly appreciated. I am in dire need of help.

Thank you,

Monica Reynolds


Asked on 12/21/09, 11:04 pm

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

Your situation is dire, however, your marriage was of a short duration. In this case, the court is likely to grant your divorce, however, you will need to prove that you attempted to serve your husband in the UK. As far as property, since your divorce was so short, the court will likely order that the parties leave the marriage in the same financial condition that they entered the marriage (unless some tremendous growth in income occurred).

If your husband owned the home prior to the marriage, you will not be entitled to half unless you can prove that you substantially acted to increase the value of the home.

Best of luck.

Read more
Answered on 12/29/09, 7:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York