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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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my husband married me for my money now i want out of the marriage

Resolved Question:

my husband married me for my money now i want out of the marriage and he is giving me a hard time he want my houses he never worked or put a penny into it. he choked me and threated me and i am a senior citizen he isnt.i have a house in ny since 1972 i got married in june 2008 bought a house in cameron nc with my money market money paid in full went into closing 10/08 my previous name is XXXXX XXXXX hes an x felone a drug user and seller in ny. he refuses to leave my house in ny he is looking to take this house in nc which i permanently live in now. i had to flee ny because he choked me and threatened to kill me he is verbally and physically absuive to my autistic daughter i need helppp please
Submitted: 6 years ago.
Category: Family Law
Expert:  Joseph replied 6 years ago.

I'm a licensed family law attorney and I believe I can provide assistance. However, before proceeding, I need a few things clarified:

 

  1. When did you get married?
  2. When did you leave for NC?
  3. Do you plan to stay there or are you returning to NY?
  4. Did you fully own the properties prior to the marriage?
  5. Are there any minor children of the marriage?

Once I hear from you, I will be glad to let you know my answers. Please know that there may be some delay as I may be away from my computer or assisting other customers. Please rest assured, however, that I will be back with you as soon as possible. Thank you.

 

Customer: replied 6 years ago.
married june 26,2008 in farmingville, ny owe the property in ny prior no children not at my age.moved down here last july by myself bought this property in october 17,2008 with my money from my money market property is under sadie konopski. have doctumentation on this. i own it outright it was a foreclosure since then he has left me for another woman infiedelity. was incarcerated traffic violations he does drugs i believe he sells as well as uses.we are 30 years difference. no children he is living off of me and my daughters s.s. checks she is autistic. let me know if you any more informastion he is physical and verbal absuvie i had a fire in the house in ny and had to flee because he asked me for money that i got from the insurance to fix the house and he chocked me and threated me i have a wittness to the fact that heard it.
Expert:  Joseph replied 6 years ago.

Sorry for the delay, I was off-line for awhile. At any rate, I'll be back with you in just a bit to address your questions.

 

Thank you for your patience.

Customer: replied 6 years ago.
am waiting desperately and patiently
Expert:  Joseph replied 6 years ago.

You may be able to file for divorce in either state. However, it appears NY would be better for you as it's clear that NY has jurisdiction over your husband whereas NC may not be able to exercise jurisdiction over him. Additionally, NC requires a one-year separation agreement whereas NY permits divorce filing right away.

 

As to NY, it recently passed a no-fault law. However, it appears you can meet several of the fault requirements as they include abandonment, cruel treatment and the irreparable breakdown of the marriage.

 

Your original question was very broad, please let me know if there is anything more specific that you need.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 6 years ago.
how will it work with the property hes after the home i live in now
Expert:  Joseph replied 6 years ago.

If you purchased the home with completely separate funds and utilized it as your home (not a marital residence) after the separation, then you have a compelling argument that this property is your separate property.

 

I'm sure you understand that ANY property accumulated after the date of marriage can be considered marital in nature and then subject to equitable distribution. However, with these facts, you should certainly be able to keep this property as your own.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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