Stamford, CT asked in Divorce for New York

Q: My husband abandoned me seven years ago. II believe he is remarried. What should my course of action be?

I do not know where he resides. We do not own property together or have children.

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no property is taking a naive look at one's life's accomplishments and accumulation of wealth.

Marriage is not a joke. It is a serious shifting of entitlement to money and property, and the state has no idea of whether the couple reside together or have split decades ago. In the eyes of the state, the parties are married until death do them part, and when death comes knocking, property splits.

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