Divorce Questions

[DEBORAH_SUE]

After 7 Years Of Marrige & 9 Yrs Together I Have Filed For Divorce From My Husband. I Have A 17 Yr Old Son That Is Disabled And Have Taken Full Care Of Him Since Our Marrige. He Has 2 Children Girl 20 N Boy 16. Thay Lived W/ Their Mom And Have Every Other Weekend And 1 Day A Weeksince Our Marrige. My Son Has Lived W/ Us Since Our Relationship Started. He Has A Deadly Disease Which Causes Him To Be In A Wheelchair And Has To Be Fed And Clothed And Needs 100% Care 24/7. I Got Laid Off From Work A Few Months After Our Marrige Because Of My Absences Due To My Sons Illness. Have Not Worked Since. My Husband Has Supported Both Of Us For The Whole Marrige. Now I Have Filed For Divorce In July And Had Him Served About 2 Weeks Ago (after He Hid From The Server For 2 1/2 Weeks) Now Im Waiting For The Court Date. He Hasnt Givin Me Any $ Or Let Me Back Into The House. He Has Changed The Locks And Is Fighting Me And Will Not Except Any Phone Calls. Now I Hear From A Family Member That He Is Planning On Accusing Me Of Having Affairs, Doing Drugs, Being An Unfit Mother Etc... Which Are Not True!!! He Says He Has Hair Samples Which Prove I Have Done Drugs (not Possible Because I Havent!) Has Proof That Im An Unfit Mother Again Not True. My Question Is, What Are My Rights? Can He Legally Have A Test Done On My Hair? Is It Illegal To Do That? Illegal To Falsify A Document From A Lab Stating I Have Done Drugs? What Can I Do? My Brother Said My Husband Showed Him A Lab Result From A Lab That Shows He Had My Hair From A Brush Tested And It Came Back Posative For 2 Drugs. Its Just Not Possible So The Test Has To Be Fake What Can I Do? What Is Legal? What Happens In Court When He Goes To Fight Me On The Spousal Spt? He Says He Is Going To Bring All This Up To The Judge And I Will Loose My Son Please Advise To What I Should Or Could Do. Thanks So Much
Confused Mother

 

[NYClex]

The answers to your questions all depend first on where this all is happening, the state law in your state. Then on what kind of action you brought, on what grounds. And then on the details. So, to sum it up, you should have an attorney represent you.

 

[Duranie]

Stop listening to him. He is just blowing smoke. In most states it does not matter if you had an affair anyways. Also very unlikely he wil be granted any drug test. People make baseless threats like this all the time. If you are not working and your husband has been the sole breadwinner and he is keeping $$ from you, you can see an attorney and petition the courts for him to pay your legal fees. You also might qualify for legal aid. Look in the phone book under legal aid.

Also, you need to request temporary spousal support. He is not required to give you anything until then. It does not sound like you have kids together so he will not have to pay any child support to you.

On another note, you need to eventually get a job. Any alimony you do get, if any, will be temporary and the courts expect you to eventually get a job. If your child is disabled don't you get some sort of SSD for him? If not when he turns 18 he should qualify.

Please see a family law attorney asap.