My husband filed just one month prior to the new NY no-fault divorce laws and chose abandonment. I believe I can prove this allegation false as we never stopped communications and marital relations less than one year before he filed. I have proof he has created an enviornment for a long period of time to get me to leave. What can happen in court if the burden of proving abandonment is on him and he cannot and I can prove it was with good reason I had to leave?My husband also has an attorney; I do not. Under the new NY law, the more monied spouse usually helps pay the counsel fees for the less monied spouse. I have been dubbed pro-se by the court referee (not to my desire) and I have been trying to stay ahead of the game. My husband's abandonment charge is not valid in my mind because I went back and back to help him with serious situations and communication has never ceased and the last time the legal term 'cohabitation' took place was less than one year of his filing. He has put himself into debt to look destitute; however his earnings are approximately 70,000; mine 20,000. I have pre-existing health concerns and I need his insurance until I obtain a job that will cover me. We have the trial in May as the court & referee has pushed this forward knowing I am a layperson; not a skilled attorney. Can anyone advise? Thank you very much
YOu need to consult with a matrimonial attorney. If your husband can't prove abandonment, then the action can be dismissed, but since NY is a no fault divorce state now, it will almost certainly be converted to NO Fault divorce.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - [email protected]
If the fault-based grounds of abandonment is an issue, then your case will likely go to a grounds trial. It should be noted that your husband can also file a new action, or likely amend the pleadings to include the "no-fault" ground of irretrievable breakdown in relationship. You should attempt to secure representation in your area for additional information.
Hmmm. How far is Hornell from Bath New York? There is the Southern Tier Volunteer Lawyer's Project in Bath. Give them a call and see if they can locate some a pro bono attorney near you.http://lawyers.justia.com/firm/southern-tier-legal-services-volunteer-lawyers-project-9490
I could be wrong but I think you're in the 4th Department, right? Call the Appellate Division and ask about how to get low or no cost representation. This is complicated and you cannot handle this alone. http://www.nycourts.gov/courts/ad4/
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