QUESTION
What are my legal rights if I'm renting an apartment with my wife but trying to file for divorce?
Asked on Aug 20th, 2013 on Divorce - New York
More details to this question:
My wife kicked me out of our rental apartment on May 19th, 2013. I moved in with my mother and we talked about a divorce. She still hasn't filed for a divorce and I'm still paying over 75% of the rent. The rent is $1878.39 and I'm paying $1339.39. We are both on the lease but it seems again that I have to pay all of this money without living there. We have a 4 year old son and I want to make sure that he has a roof over his head. If it wasn't for my mother, I'd be out on the street. What should I do at this point since the lease ends in February 2014? I tried filling for a divorce but all I got was the run around at the court. It was overwhelming to understand the process. I need guidance and I would like to know if its smart to start the divorce or legal separation process now or wait until the lease in over?
1 ANSWER
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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Your immediate problem is not divorce but paying the rent. Were you forced out by a temporary or permanent order of protection? If not, you may re-enter, and try to make and keep the peace. If that is not practicable, discuss the equities of your paying 3/4 of the rent if she is able to pay more of it. The decision to file for divorce and its financial implications in your situation involve possible spousal maintenance and child support imposition if you are living apart, which will not exist if you are living together.
Answered on Aug 22nd, 2013 at 10:02 AM