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If I file for separation..and NYS No Fault is finally approved...does everything change and spouse is responsible for costs?

Hamburg, NY |

I have limited funds. My husband controls all of our assets. I am unaware as to how much investments and IRA are worth.
Am unclear as to how much is owed on our home. He refuses to leave. What are my options?

Attorney Answers 4


You should discuss your situation with a local divorce attorney. New York courts frequently order a spouse who controls the assets of the marriage to pay the legal costs for both sides in a divorce - and part of the process is mandatory disclosure of assets.

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Option 1: Hire an attorney. Option 2: Get taken advantage of.

Gather every bit of information you can, and go see an attorney. Many will give a free, or very reasonable rate consultation, which will include strategy on how you can afford representation out of the marital estate. You do not need to go through this alone. Don't.

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You are permitted the opportunity to conduct discovery to learn about the extent of his income, assets, and debts.

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In addition to the answers given by other attorneys, a bill has passed the New York Legislature which was sent to the Governor for consideration which, if signed by the governor, will make it easier for a spouse with limited funds to get the other spouse (who presumably has more funds) to pay his or her attorney. It's among the bills included with the no-fault divorce bill, so if you read about the no-fault divorce bill being signed, you should also hear about the attorneys fee bill.

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