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 yrs. 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 wit’s end. A few years ago- I had three heart attacks in one yr -leading to a triple bypass – the 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. I have no income and qualify for absolutely nothing – i.e., disability. 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. I don’t know what to do. I’m at the point that if I can’t get a divorce from him, 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.
New York State now has a so-called “No-Fault “ provision in which irreconcilable differences are sufficient grounds to file for divorce.
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