Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #211:

First - My husband and I have been married (in NY)almost 21 yrs- both NY residents , and I have for the most part been a stay at home mom during our marriage (we have a 19 yr old college student living at home which her college funds are paid for out of our account)

- Husband is a Lt. in the FDNY -(he is 54 yrs old ) and WE own our home-mortgage free -worth approx $250,000-$300,000. He earns anywhere from $78,000-$95,000 a yr.

-Over the years - my husband has been mentally abusive to me more each year- but I have been too scared to voice it to anyone as it is he who is the one that "puts the bread and butter on the table". The mental abuse has mounted to the point- that I am at wits end .
A few years ago- i had 3 heart attacks in one yr -leading to a triple bypass - finality of it all- I am disabled - with oxygen, and have cardiac heart failure , COPD(emphysema) and Hypertension-which he is the major contributing factor.

-He has always handled all the finances , and i have no idea of what stocks, bonds etc are being deducted out of his paycheck, and I have no income and qualify for absolutely nothing - ie: Disabiltiy. I am unable to work as well.

-Even though this has been going on for years- for the past year - I live/sleep in a separate room in our home. I have talked to him about getting a divorce - and he offered me pocket change if it is uncontested. I did some reading on my own - and gave no reply.

-He said he talked to some friends at the firehouse - and they told him that I HAVE NO GROUNDS ...

-Since i have no income- i can't afford an attorney ... and don't know what to do. I'm at the point that if i can't get a divorce from his that will comfortably support me for the few years i have left -- i hope the next heart will be my last so i don't have to deal with him. Please guide me...

By the way- many years back when i was in better health and went to various FDNY functions with him - i used to overhear all kinds of stories of tricks some of these guys use to hold onto as much as they can during a divorce.....
Many thanks

Answer:


`New York State does require grounds to approve a divorce but if your husband
consistently torments you and threatens you, and you are in fear of physical harm as a result of his actions
and threats you may have sufficient grounds to file.
If you do not have any income of your own the court will make your husband pay for your attorney .
Since you are ill and have a marriage of long duration, the court would most likely grant you significant
spousal support.

If you are living in the NYC metro area, I strongly suggest you call me at 212-370-1660 to discuss mediating your divorce which will be cheaper , faster and less expensive.

Leonard Weiner, Esq./Divorce Solutions
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