A planned separation is very difficult but when your spouse surprises you by leaving and taking your joint assets with him, then it can be devastating.
The following are steps you can take:
Get a restraining order for asset protection. This is typically used to prevent the loss of marital assets before a divorce is finalized or to freeze a business' assets on behalf of a party with claims against the business.
Some potential assets needing protection are bank accounts, safe deposit boxes, stock portfolios, real property, inheritance, royalties, intellectual property and businesses.
Three steps to protecting an asset with a restraining order are: 1) identify the asset precisely, e.g., bank account number, 2) identify who has access to the asset, and 3) determine the best way to protect the vulnerable asset.
The effective way to protect a tangible asset like a bank account may be to freeze it from parties with access to it.
Free legal help is available for those with an income criteria that is less than the federal poverty level.
the elderly (60+), disabled, victims of domestic violence and military members.
Check with the Legal Aid or try to find a Pro Bono lawyer. Check LawHelp.org/NY
Grounds for divorce in New York State:
1. Cruel and inhuman Treatment
2. Abandonment for a period of one or more years.
3. Imprisonment for a period of three or more consecutive years after the marriage.
4. Adultery
5. Living separate or apart for one or more years.
New York State Unified Court System Family Forms
Hoping this information is helpful.
