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My friend's husband divorced her ( by islamic law) . how can sh eapply for children support without paying too much lawer fee.

Bayshore, NY |

she is islamic school teacher . husband bought house on his and his brother name in which they were living ( only they were paying mortgage, not brother ).how can she get child support .and how can she live in the same house as he is threatening her to expel outside with kids as its his and his brother house.Need help please.

Attorney Answers 3


While she is under his roof, receiving child support will be a tough sell to a judge. However, shencan file in supreme or family court at any time. Family court is the fastest and least expensive. As far as a "cheap lawyer" ... Shop it around. You get what you pay for however. She should call the local bar and see if she qualifies for a modest means lawyer. Suffolk county has that program, our office participates. Call us for an appointment and we can assist.

The opinion herein does not constitute legal representation in any way or establish an attorney-client relatioship.

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First, the Islamic divorce is not the end of the story. A religious divorce and a civil divorce are two very different matters and your friend MUST speak with a lawyer immediately to ensure that she does not inadvertently compromise any of her rights in the latter by misconceptions that she may have about the former! In the circumstances you've briefly described above, your friend is still entitled, indeed she requires, a New York divorce in order to benefit from all the protections of New York law that will enure to her upon the dissolution of the marriage. Equitable distribution of marital property, child support, spousal support, exclusive occupancy of the former marital residence, and payment of her attorney's fees are among the issues that should be addressed in the context of a New York divorce. Your friend can find contact information here on Avvo for an attorney who can help her. Good luck!

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Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Divorce by Islamic law is of no consequence to the civil courts. Your friend can file for both spousal and child support in the Family Court. She can represent herself though this is not advisable as she will not know what information she can get by discovery which is available to her. She needs to allege that she and the children are not being adequately supported. The husband also has no right to expel her from the house without a court order.

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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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