Marital home is under wife’s name (both deed and mortgage). Husband used to help the wife pay off mortgage. Now wife refuses husband’s help asking him to move out. Husband does not help out, and does not move out. Husband does not open any mail. It is unknown if he would or would not appear in court if there ever was a court date. Husband drinks, has mental issues, yet manages to keep job, and not physically abusive. Wife can’t afford to move out paying mortgage for current house as well as potential new rental. Wife has hard time trying to sell house with un-cooperating spouse living in it. Wife is scared to move out and stop paying current mortgage since it would ruin her credit. What can the wife do? There are 2 young children, and the wife has hard time living like this any longer.
The wife can file for divorce and proceed with or without the husband's appearance. The wife must ensure that the husband is properly served and that the process server completes an affidavit of service.
If you found this answer helpful, please vote for me as <a href="http://vote.longislandpress.com/engine/YourSubmission.aspx?contestid=105204">The Best Divorce Attorney on Long Island.</a> <p><p>For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>
Personal Injury Lawyer
File for divorce ASAP!
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.
The wife should contact a local divorce lawyer ASAP. That the husband does not want to end the marriage has nothing to do with it: she's entitled to a divorce and an economic division whether or not he wants one.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
The wife should consult in person with one or more divorce attorneys so that she can not only learn in general what her rights and obligations are in the context of a divorce action, but also receive actionable advice based upon a review of her specific situation with full details.
I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
Wife's remedy is to file for divorce. New York now (thankfully) has no-fault divorce. As such, regardless of whether Husband "wants" the divorce or not, he would need to prove that the marriage is "one big happy family" - probably a tough sell. The wife should schedule a consultation appointment with a NYC Divorce attorney to receive a full assessment.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.