My wife wants a divorce is trying to get me out with lies! how do i defend my self when she trys to get an order of vacancy

Asked over 1 year ago - Millerton, NY

she want th divorce has gotten me introuble with the law i was able to show the courts a recording of her saying that she would lie to police just to get me out of our home ! now she is going to a family court to get an order of vacancy to get me out how do i defend my self and what can i do now !

Attorney answers (3)

  1. Morghan L Richardson

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . If your wife is seeking exclusive use and occupancy of the home in a divorce action (in the Supreme Court), you should consider getting a lawyer to file your own motion to use the home during the divorce or to fight any motion filed by your wife. If she is in Family Court, it may be that she is seeking an order of protection to try and exclude you from the home. You should consult an attorney to determine the best way to fight such an order.

    Best Regards,
    Morghan Leia Richardson, Esq.
    Richardson Legal PLLC
    31-08 Broadway, Suite 204
    Astoria, New York 11106
    www.RichardsonLegalPLLC.com
    Tel: 212-537-6744
    Fax: 212-574-3337

  2. Maria C. Tebano

    Contributor Level 15

    2

    Lawyers agree

    Answered . Recording her is a good way to ensure that the truth comes out. The only thing you can do if she is trying to get an Order of Protection from family court is to hire an attorney so that you can defend against the petition that she files. Unfortunately, you may get evicted without having an opportunity to be heard first depending on what facts she provides to the court.

  3. Lawrence Allen Weinreich

    Contributor Level 18

    1

    Lawyer agrees

    Answered . It is difficult to stop and this happens all the time. Record as much as you can when you are with her and keep in mind as long as you don't get violent you should be OK. You should discuss yout situation with a local divorce attorney.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

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

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,424 answers this week

3,163 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,424 answers this week

3,163 attorneys answering