My sister was born with spinal bifada and recently got married and is in the process of trying to get a divorce. Her husband gets SSI and SSD and my sister gets SSI but it has gone down since she got maried. She is in the hopital right now trying to recover leg wounds and her husband is taking it upon himself to go through with filing for the divorce. He is secondary on the lease and my sister needs a place to stay when she gets out of the hospital and she is looking forward to going home but he is trying to get her off the lease. They dont have any major property to split up when the divorce goes through but they share a van and they have an outstanding phone bill that has to be taken care of. Neither one of them work due to there physical condition and handicap. They both live in NY and I am trying to find out what she can do for her sake as far as the divorce because he plans on leaving her high and dry. He left her for a week in October- is that considered abandonment.....
2007-01-18 13:12:41 · 6 answers · asked by lilsusie2483 1 in Family & Relationships ➔ Marriage & Divorce
he has on numerous occasion went out and slept with other woman and even got a disease in the process- he has mentally and physically abused her. What can my sister do at this point when she goes to dovorce him. What is she entitled to get ? someone who has been through a divorce please answer this for me...thanks for your time
2007-01-18 13:15:01 · update #1
Good Luck to you on this.
2007-01-18 13:16:44 · answer #1 · answered by zen522 7 · 0⤊ 0⤋
As long as she is hospitalized, the divorce will be postponed til she can defend herself in court. Until that date nothing will happen no matter what he says or tries to do. Abandonment would have been true if he would have stayed gone. Unfortunately, the courts now award divorces without any reason needed so all the abuse wont help anything. With the medical conditions involved here, this divorce case is going to fall under special circumstances so you should contact your local legal aid assoc for free advice on how to proceed here. I can explain both a normal divorce and a special circumstances one but its way too lengthy for here, so contact the legal aid for a pro bono (free) attorney and proceed carefully. I can tell you from past experience with courts and special cases,that your sister is a winner here, but please dont quote me on that as every judge is different and hard to predict, but Id be real surprised if I was wrong here. Wish you all the best of luck
2007-01-18 13:29:13 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
If he returned after the week he left her then no that can not be considered abandoment. As long as he returned he has not abandonded the marriage. The fact that he cheated on the marriage is although a sad fact NOT a grounds for divorce in the state of New York as far as the bills and money go, everything is split 50/50 hopefully your sister has a lawyer who will see to that in court. If not, I very strongly suggest she get one.
2007-01-18 13:52:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need to help her come up with the money to get a good attorney and help her get the divorce that she needs to get away from this guy. I wish you the best in helping her.
2007-01-18 13:24:34 · answer #4 · answered by Lady Hewitt 6 · 0⤊ 0⤋
Let her know you are there for her. Stay out of legal affairs. There is nothing you will be able to say or do besides being there for her. Divorces are indescribably emotional things. God Bless.
2007-01-18 13:21:36 · answer #5 · answered by Eva 5 · 1⤊ 0⤋
It sounds like she has a lot in her favor legal wise but she needs to get an attorney.
2007-01-18 13:17:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋