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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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There, i want to know how i can become legally emancipated

Customer Question

Hi there, i want to know how i can become legally emancipated from my parents, family of orgin and seperated husband (of 4 years) They have allhaways tried to control my life and now that I am seperated my family is acting even more like i need their help and guidance and to do as they say. My husband is trying to sayi am unfit to live alone because he would rather lie and say i am mentally than have to pay alimony( we have been married 23 years and i was a stay at home mom for 18) I have had depresssion and anxiety in the past but my Dr of 13 years says i am the best i ever have been, since i have been seperated i have worked a steady job, maintained a home and had my son on the weekends.He lives with his mother and my boys and she does his cooking and cleaning but im the one supposedly that cant take care of myself....he is seriously trying to put me away and im scared.(everyone believes him over me because they think he is a mr. good guy school teacher which is not true)...i have not had the money for a divorce although someone said recently he would have to pay for me to have a lawyer because he makes so much more than me? anyhow please tell me how to get untangled from all of this and him (he also has been cyber stalking me and breaking in my home for the past 4 years when i work at night but the cops wont do anything because we are legally married) how can i legally seperate from all of them please help!! p.s. and legally change my last name!
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am genuinely sorry to hear that you find yourself in this situation. I am truly sorry that you feel terrorized and pursued. As far as 'legal emancipation', if you are a legal adult, you are emancipated--'emancipation' is generally the process a minor child can pursue to no longer be associated with his or her parents. An adult has no legal duty or obligation to associate, so no emancipation is necessary. Therefore, there is nothing for you to do other than ignore them and not contact them. If you wish, you can file for restraining orders against them if they are making threats or attempting to harm you, and ask the courts to step in. And even if married you can still seek a restraining order if you moved out, live separately, and are threatened by this person (this is an example of a legitimate claim for domestic violence). if the police won't help try a local law school--see if they have free legal clinics available for battered women or if they can offer you a referral so that you can pursue this with counsel.
As far as changing your name, contact your local courthouse, speak to the clerk, and ask for a 'petition for a name change' form. Fill it out, pay the fee, and it will be placed on docket. Unless you pick a name that is somehow offensive, and you have a reasonable basis for the change, the judge upon meeting you will order it, and you will be able to get it done.
Hope that helps and please take care!
Dimitry, Esq.
Customer: replied 2 years ago.
Thanks for your response but i don't feel it answered all my questions correctly, i tried to get a restraining order against him but since he is not "battering" me as in laying his hands on me, and even though he is coming in my home when im not there like i said , the police will not do anything because we are legally married, and the restraining order was denied. He has hacked into every pc, telephone and email i have gotten since we seprerated i am sure he will be reading this.i reported that also and was told the police had more important internet crimes to deal with. when he comes into my home is steals all my medical records, he does not want to get divorced but he also does not want to try again. a court liason from a shelter told me she believes he might be trying to get guardian ship over am i to protect myself from this? just by ignoring him? we have three children so we have to see each other? also was not i supposed to get a "good Faith" referral to a lawyer for this fee? thank you
Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am, My apologies if you felt that I did not answer correctly. As I am only working with the facts you provided and I do not know the actual real issues, I am making educated guesses as to your options which may not always be granted. As far as the restraining order it is true that physical harm is necessary. But it is not the only way of obtaining an order. If you inform him to leave you alone and he continues to contact you, that is called 'harassment'. And you can still pursue a restraining order on the basis of harassment. Second, if he is hacking into your computer, that is a potential federal and state violation--you can contact the FBI (if you have proof) and the local DA's office and police department and ask them to investigate. If the police refuse to pursue, contact the DA, and if they still refuse, contact your state's Attorney General's office. If he is trying to obtain guardianship, have a medical doctor on speed dial who can testify that you are competent, coherent, and sane--getting guardianship is hard, so having someone to testify on your behalf would stop that process. As far as children are concerned you can file for sole custody and seek supervised visitation where you aren't present (but a neutral third party is) so that you do not have contact with him. Now, we here do not give out referrals, so I am unclear where you presumed that we do, but I suggested contacting the law schools. You can also contact LegalAid and the local county bar associations to see if they may have pro bono assistance available as well. You are most welcome and please be well. I do apologize but due to the lateness of the hour I will be logging off but I will return in the morning. If you have more questions I promise to respond to them then, but there may be a delay. Otherwise, if satisfied with my answers kindly do not forget to positively rate. Thank you! Sincerely, ***** *****