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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable family law attorney.
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In New York, my husband wants to divorce me. Just a few days

Customer Question

In New York, my husband wants to divorce me. Just a few days ago, he has ALREADY cleaned out our joint checking and savings accounts--no formal papers have been filed on either side--leaving me nearly destitute. I have only a few thousand dollars on my own private debit card I got when he insisted that we live apart and I moved out. How do I survive? How do I get a form of "housewife-for-20-years" support NOW?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I paid you with my credit card for the promised answer. If I do not receive it by 11:56 tomorrow as, above "always within a day," I will call my investment bank associated with the card and have them reverse the transaction as well as reporting you for fraud.
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you, and thanks for your patience.
Q) How do I survive? How do I get a form of "housewife-for-20-years" support NOW?
Your attorney should immediately file a petition to obtain an order of legal separation from your local supreme court (trial court.) This can be the court in the county or city where you live, where your spouse lives, or where you and your spouse last lived together.
The ground for legal separation is that your husband effectively abandoned you by forcing you to move out. He also failed to support you, which spouses are legally required to do for one another.
In the petition filed with the court, the lawyer can and should ask for temporary maintenance. That's NY's version of "alimony." If your ex was the breadwinner for 20 years, and suddenly you've been kicked out and have no income, obviously you need maintenance payments to survive, at least for now.
You can calculate about how much maintenance payment you'll get here:
http://www.nycourts.gov/divorce/calculator.pdf
(You may have to download the form to get it to work.)
The attorney should ask for an emergency hearing. That will be the very fastest hearing he can get so that your spouse can receive notice of the court hearing, appear with the necessary financial information, and begin making payments to you.
As for your attorney not acting swiftly enough, I don't know why that is. I'm assuming you've made it clear to your attorney that you're destitute and that you have to have spousal maintenance immediately? If not, obviously you need to communicate that ASAP.
I'd call the attorney's office first thing tomorrow and speak to him or his legal secretary or paralegal. Ask what's the status of filing for the emergency legal separation and getting a temporary spousal maintenance order. If a petition hasn't been filed, or if you don't have a date for court very soon, it may be time to move on to another attorney. If the latter is your decision, demand that the attorney refund your retainer.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,
It appears you've reviewed my answer recently. Did you have a follow up question to my response? If so, please let me know. If not, please let me know what I can do to earn a positive rating for this question.
Best wishes to you, Customer

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