Troy, NY Divorce Law Firms & Lawyers

I'm sorry for your trouble. Getting a divorce in NY will depend on whether or not your spouse agrees to get the divorce, and whether or not your spouse agrees to divide the assets, arrange the custody and visitation of the children, and arrange any support payments (as applicable). There will be residency requirements that, in your case, the facts indicate that your satisfy, as you both live in New York, you were married in New York, and some of the treatment to which you are being subjected seems to have happened in New York as well. To file for divorce in New York, you will need grounds, which is kind of your reason for divorce.  They include abandonment, terrible treatment, and a total breakdown of the marriage. Your child custody issues sound like they may be contentious, you definitely ought to seek counsel before you proceed with this case.  Lots of luck to you, Eric Reimer  

You are entitled to support while you are separated. You need to file a Complaint, Summons and a Motion for Temporary Relief with the family court. At the temporary hearing if you are awarded custody you will be awarded child support. You maybe also be awarded alimony depending several factors. Once you file for a temporary hearing then it only takes a couple of weeks to get in the courtroom so that you can start support.

Generally, property acquired before a marriage is considered separate property and is to be awarded to the spouse who owned it prior to the marriage. Although there are exceptions, in your case I would feel fairly confident that he would be entitled to nothing.