Q: Married 29 yrs never worked in NY what are my legal rights as he wants to leave me with nothing. Children all adults?
7 yrs ago my husband changed and started mentally and emotionally abusing me and destroying our marriage with anger and rage blaming me for it and everything else in his life, midlife crisis I don't know. I believe he's been cheating but have no proof. He's now threatening me with divorce and to leave me with nothing and saying he will not give me half his pention or anything else. I have never worked being a stay at home mother and wife and homemaker and am terrified because I have no education, career or job to make enough to support myself and I won't be able to survive. I need to know what I'm entitled to and as far as support also since he clears $3000 plus every two weeks. I also need to know how to find the right attorney and how I will afford to pay for one seeing I don't work or have money. My husband claims nothing is mine it's his house, money and cars that I never worked to earn any of it. Please help me out. I live in Staten Island, NY. I can use all the advice and help.
A: You need to get a consultation immediately with a qualified attorney in your area. Borrow the money for the consultation if you have to, but get there and get there soon. He cannot prevent you from getting your share of the marital assets which includes his pension. Also, you will need temporary financial assistance while the divorce is pending and a good divorce attorney will help you obtain that with a pendente lite motion. Try to locate an attorney. Maybe you can get a referral from friends or a women's group. Also, you need emotional support from friends and family for this fight.
A: You may be able to sue for spousal support and your half of community property. You can request child custody and child support as well. You may also be able to file a motion requesting advance attorney fees from him so you can hire a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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