Divorce Solutions

Question #203

I have been a stay at home dad for four and a half years. My wife and I just bought a house. My son has a medical condition that I had been taking care of for the past three years. He has improved, and the doctors have said that if all goes well, his respiratory problem will be gone or under control by the time he reaches kindergarten. I also have a four-year-old girl who will be starting kindergarten this September. We are still trying it sell our old home, and as of right now, we are around $600,000 in debt. We agreed since Robert’s illness that I would stay home until he reaches kindergarten, and then I would go back to work. She has now asked for a legal separation. She wishes to hire a nanny to live here and take care of Robert and that I leave the house and see the kids on the weekend. I have raised my kids since the day they were born. She has a member of her family, who is a lawyer and, therefore, will not have to pay any legal fee. Is it legal for her to use her family member as her lawyer, and can I refuse to leave?

Generally, she can use anyone she wishes to represent her, even a family member. You must find legal counsel in your area, experienced in matrimonial matters, to represent you. Do not leave the house until all issues are resolved and do not go it alone!

I strongly suggest you try to mediate your separation with an experienced matrimonial attorney-mediator.

If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions