Know Your Rights
How do I begin? Sometimes divorces seem to come out of nowhere. Your spouse serves you with divorce papers and all of a sudden you’re in the middle of it. Even if you sort of knew it was coming, you now need to deal with it. Sometimes an argument gets out of control and the next thing you know someone is either in Family Court dealing with an Order of Protection or, worse, dealing with criminal charges and you realize that something has to change. For some, it’s as simple as just recognition of the fact the marriage is over and it’s time to move on. No matter how your divorce begins, you need a starting point and you need it now. Ten to get Ready gives you an idea of what you need to do to prepare for the most important events you’re likely to experience, your own divorce. Whether you’re ready now or have just begun to contemplate divorce, there is no substitute for preparation.
How do I get them out of here? A common misconception is that once a divorce starts someone has to go. That’s simply not the case. In New York, unless something happens such that a court believes it to be appropriate to remove a husband or a wife, they get the joy of living together during what is probably the most stressful period of their lives. Now, this should not be interpreted as meaning that no matter what your spouse does during a divorce they will continue to live with you and, obviously, no guarantee that no matter what you do that you will continue to live with your spouse. Through Supreme Court, the court that processes divorces, Family Court, the court that processes Orders of Protection along with other matters and the criminal courts, there are a variety of ways, frequently different court by court, either you or your spouse can be removed from where you live together. Can I get them out? will provide a basic understanding of what can happen that will result in someone being removed from your home.
How can I possibly stay here? Obviously, if your mate has asked the same questions you are asking and is making sure that they stay on just the right side of the line so that the court cannot or will not remove them, yet you realize that living together with them during the divorce will be such that you cannot even tolerate the thought the other side of the “Can I get them out?” coin is Can I go? The answer to this question is probably far more complex and fact sensitive than determining whether you can get a court to remove your spouse. While for either point discussion with a lawyer is of great importance. The impact of departure on custody, support and the matter globally can be so large that leaving home without professional guidance can be a very bad mistake.
Call now to schedule your free consultation.