Question #86 – Divorce

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

(212) 370-1669

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Question #86

My brother’s wife left him last year and got her own apartment, repeatedly stating she didn’t want to be married to him anymore. He has, on numerous occasions, asked her to come back home, and she continues to state that she no longer wants to be married. He has decided to pursue getting a divorce based on abandonment; however, when he told her of his intentions, she said she wouldn’t pay for anything, nor would she sign anything? So does this mean he’s stuck just being married to someone who has not only left him but refuses to set him free as well? They both live in New York State. Thank you for your attention.

Your brother does not need the consent of his spouse to file for divorce. If she has abandoned the marital home for over one year, he has grounds for divorce and may file a summons and complaint for divorce under New York State law.

If they are living in the New York City metropolitan area, I strongly suggest that they call me at 212-370-1660 to discuss mediating the divorce as opposed to litigating it in the court. It is quicker, cheaper, and less emotionally straining.

Leonard M. Weiner, Esq./Divorce Solutions

Other Questions

Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?

June 18, 2019
Q&A

I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

June 18, 2019
Q&A

I live in Long Island and have been married for 20 years. My marriage hasn’t been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I’m nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can’t do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don’t have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

June 18, 2019
Q&A