Question #55

SEPARATION and DIVORCE I live in NY, and my husband and I have been living apart now for a month (we no longer want to remain married), we went to family court because we have a child. I tried to get child support and spousal maintenance, and to get the custody issue out of the way. I got the custody and spousal support, and we now share joint custody. My question is: do we still have to file anything else with the court before we can get divorced? Like a separation agreement, or does the family court decision pretty much take care of everything? I want to get a divorce as quickly as possible and be able to move to another state with my daughter.

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Question #54

SEPARATION & DIVORCE My husband and I are in the process of filing for a legal separation in New York State, with the full intention of actually divorcing after the year is up. During that year, can he “contest” the separation/divorce during this year? Can he file on other grounds?

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Question #87

My wife has been lying to me all these years that we have been together. Our marriage certificate states that she was never married before. We were to file for immigration for me based on her US citizenship. Now, she discloses to me that she was married in New York and cannot remember ever getting divorce papers?

Can I qualify for an annulment or just get a divorce? How to we find if there was an annulment or a divorce? How long does it take to get the annulment/divorce completely?. Do we need to go to court? She will agree to either one. 

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Question

Hi. I’m married 15 years with two young boys, one of whom has special needs. We’ve resided in our marital home since 1996; the deed is in both our names. I’m torn between filing for legal separation here in NYS or divorce based on the grounds of cruel and inhumane treatment. My spouse has abused and “wastefully dissipated” our marital assets on sporting goods and hobbies. He has hidden cash from me and lied about it as well as hidden our income tax return in his safe at work last year. He charges credit cards (which are in his name); the debt in his name is now 12k. He has verbally threatened me and demeans me, shows me little affection. He can’t accept our son has special needs. He gets angry and says he wishes he could run away and murmurs to himself, “shoot me” out of frustration. He calls our special needs son a “baby” and threatens to punch him etc, when our son has meltdowns. My concern is for the children. I want them to have both parents on hand, so to speak, especially since my special needs son has a severe mood disorder and high functioning autism. Can I initiate a legal separation with both of us still residing in the marital residence(we have spoken about my husband living in the finished basement downstairs, with me upstairs, creating separate entrances, etc.) so the children are spared. Is this even possible to do legally? Or must the parties live at separate addresses? He has threatened to have me out of the house in a month and that I had better get a good lawyer etc. that I’ll need it. I’m scared of his reaction if I do sue for divorce, but I’ve been unhappy for years, and it’s affecting my self-esteem and my health. A stomach condition has resurfaced in me, and I’ve lost weight. He tells me he’ll never pay me alimony and tells me he knows four lawyers. By the way, I’ve gone to counseling for a year. He refuses any counseling, individual or marital. He says I could be his shrink. He tells me he’s too tired and “who has time for therapy?” He says he isn’t a “talker” and “knows what he’s got to do.” He has control, anger, and compulsive spending issues that aren’t going away. Please, any advice in this ongoing dilemma would be appreciated. Thank you.
 

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Question #75

My husband and I got married in June of 2000. Since then, there has been a lot of problems between the two of us. In December, my husband threw me out of our marital home. I had no choice but to go live in my mother’s house. We have no assets or children together. I do have a son from a previous relationship, who my husband helped take care of him since he was little. He never legally adopted my son. My question is, can I divorce my husband based on abandonment, or do I need to enter into a legal separation before the divorce can happen? My husband will not oppose divorce. We are both New York City residents and cannot afford a lengthy divorce.

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Question #64

My spouse and I both live in NY. We want to file for divorce – Do we have to file a legal separation and wait one full year? We have no minor children and no arguments about the division of property. Can he sign a quitclaim form and sell me his share of the property for a $1?
 

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Question #46

If my husband and I enter into a legal separation as a negotiation of terms of our son’s custody and our house, will I legally be able to date again? Thank you.

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Question #27

My wife presented me with a written statement to which I have held as a premarital agreement. It was written by her and signed by her. I did not sign one at the time since I was living check to check. Fourteen years later, I have acquired a house, a pension, and 401(k). Will such an agreement hold up in a divorce proceeding?

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Question #26

What is the difference between divorce & a legal separation?

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Question #4

Are “legal separation” and “divorce” the same thing? I’ve been married to my husband for less than two years. This marriage has too much hurting. My husband wants a divorce, but I thought we should separate for a while to allow each other space to think it over and sort things out before deciding to give up this marriage. In the case of legal separation, does it mean the ultimate result is divorce? Also, we live in the state of California. How do we go about finding a mediator now that California State Bar Association is shut down? I don’t want this separation to be nasty, but what if my husband disagrees with what I think I deserve? Will the mediator help us to reach an agreement?
 

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