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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34741
Experience:  16 yrs. of experience including family law.
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I live in the Buffalo,NY suburbs. I have been married for 15yrs.

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I live in the Buffalo,NY suburbs. I have been married for 15yrs. but we have been together for 21. Three years ago he told me he no longer loves me. He swears there has not been another woman. He admits to drinking and popping pills at work. He comes home drunk from work most nites. I am disabled after a work injury 8yrs ago. We are deep in debt. I want to sell the house and separate. He won't leave. Says it's his house. Realistically neither of us can afford this house on our own. We have a 13 year old son who of couse is emotionally damaged by all this. I feel as though I am suffering from emotional abuse and want him out. My son should stay in his home, which he has grown up in, til the end.Do I have no recourse? Do I have to suffer from emotional abuse? How do I get him out and the house on the market?
Thanks for the chance to assist. If you want to sell the home, you need to go through a divorce to force this.

Now, a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

If you can get him to agree, great! You can get a kit online from a service like or and fill it out and submit.

If he will not agree, you need an attorney (or act as your own, which is a bad idea). That is the only way you can get a contested divorce.

You mention abuse...if this is physical abuse, you can head to the county court and file a protection order and the court can order him to stay away until the divorce is final.

You can start the search here

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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