Legal Question in Family Law in New York

I Live in New York. My wife severely suffers from Bi-Polar disease accompanied by substance abuse when not controlled properly for over 15 years. For the past 10 years she has been living in and out of halfway houses, rehabs and been arrested twice. After a 7 month self medicating spree last year she entered into medical help for idolizing suicide and was treated and went beack into a halway house for the past 7 to 8 monthsand in March of 2011 she decided to move in with a male counterpart, whom she had met over the years from AA and NA meetings. She presently is renting a apartment or house with him in Hampton Bays New York but is not working, collecting unemployment insurance and possibly Medicaid assistance. We are not separated but she thinks we are, mainly because she has been in and out of halfway house and hospitals or on the streets self medicating therefore never living actually with me at home. She would occasionally stop in to recharge and then leave. She utilizes my medical and prescription benefits for her needs. Other than filing for seperation or divorce, what are my options here. Can I get her out of there legally by restraining orders, civil law suits etc or do I have to suck it up to the fact that I cant do anything about her living with him? ------ Crushed and depressed !


Asked on 5/14/11, 9:13 am

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

The easiest solution would probably be the filing of an uncontested divorce, outside of that I don't believe there is much you can do. Restraining orders require the filing of criminal charges. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 5/23/11, 9:07 am


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