Divorce Solutions

Jun 25, 2020

Question #99

My sister lives in upstate NY. Near where we grew up. She has been married for 37 years, still living in the same area. After her husband’s many affairs and the most recent one lasting over two years, she could no longer keep her sanity and moved out. She had asked him to leave for months, and he refused. He seems to be in no hurry to get a divorce because he “can have his cake and eat it too.” He resides in their family home. She only makes $215 a week and is finding it difficult to make ends meet. She talks of getting a divorce, but can not afford one. If she filed for the divorce, could the courts make him pay for it? Also, what are the repercussions if she waits to file for a divorce? Someone told her she would lose everything if she did not file. Can this be true? Is there a waiting period before she can file for a divorce or before a divorce is final? Thank you so much for your help.

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Jun 25, 2020

Question #100

 I live on Long Island, NY. I was married in Sept. in New York. I have three children with him. In January of 01, my husband was sent to prison for two years and six months. He was released and went to live with his mother because he did not want to take care of his kids. Two months later, he was sent back to prison for a year. During that time, I filed for a divorce. When he came back out, he was abusive physically and verbally when he realized that I filed for divorce. On two occasions, I called the police, and I have an order of protection against him. He has since come and gone back to jail, and he will be released in 08. Under what grounds could I file since he has not been in prison for three consecutive years? Could I file for just abandonment?

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Jun 25, 2020

Question #105

GROUNDS: My husband separated from me three times for one year the first two times and going on two years the 3rd time. He separated from me in March 2005 after I gave birth five months prior. Within the last three months, we have had marital relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and previously got a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexual relations terminate those grounds? Will I have to wait for a 1 yr without sexual relations with him to use these grounds for our divorce, or are there any other options? Thanks for any advice.
 

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Jun 25, 2020

Question #106

I got married in the Philippines 2004 and went back to Ireland and got separated in 2-3mos just right after the marriage. I wasn’t able to file a divorce/annulment due to some financial reasons. My question is, can I file for a divorce here iC.ACA. Though I am just on a visitor’s visa? I am about to remarry soon with my fiancee, who is an American Citizen. Please enlighten me. I will greatly appreciate, Many thank’s
 

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Jun 25, 2020

Question #108

I was wondering how long you have to wait to get married after a divorce iN.Y.NY state? My boyfriend is in the middle of his divorce. We want to get married as soon as possible. He and his X have been separated since 2000, and we met in 2002.
 

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Jun 25, 2020

Question #118

 separated from my wife almost a year ago, I’m in the process of getting a divorce, but she is contesting it. I don’t have the money to afford a long battle. When I left, I gave her everything I only took personal things. There is no property and one vehicle that I left with her. What can she contest? There’s nothing to fight about. We were married a little over one year and were married in New York State. Thank you for your time.

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Jun 25, 2020

Question #121

 2 years ago, I filed for divorce in New York for actual abandonment and cruel & inhuman treatment. Before the divorce went through, (it was written up and filed officially with the county), my husband decided he wanted to come back and work on the marriage. I took him back and dropped the divorce. Two years later, things are not much better and possibly considering again. Can I file still under the same grounds? Or is he the one who has to file now?

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Jun 25, 2020

Question #123

 I cannot find anywhere on the internet if it is legal or not to be served with divorce papers while you are pregnant. My husband is in the Air Force and is deployed just outside Iraq. He wants a divorce. I am pregnant and due only one week shy of his return date to Germany where we were both living. Just before he left for deployment, I moved back home to Upstate, NY. We agreed beforehand (knowing I was pregnant) that the marriage has long been over (we have only been married 11 months). He put a hold on the orders to send my personal items/belongings/furniture back to me iN.Y.NY until he gets back to Germany from deployment in November. I have a baby on the way, and cannot get an apartment with no furniture. I should probably inform you as well that he is scamming the government by collecting dependent pay (money he gets to support his dependent, which would be me), and he has not sent me a penny since March 15. It is now May 22.
I’m sleeping on my mother’s couch while looking for a job and an apartment, but as I stated before, I cannot get an apartment without furniture because I have a baby on the way. He wants a divorce, and I had a message today on my ing machine that someone was trying to get ahold of me to serve me divorce papers. As I said, I am pregnant. I know in some states, it is illegal to serve a pregnant woman with divorce papers. Is this true iN.Y.NY? I’ve tried contacting the Legal Assistance office at Fort Drum to get s, but no one will talk to me. Please help. Thank you.

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Jun 25, 2020

Question #125

I’ll make this short and to the point. Hopefully, I will give enough information to get an. In the next two months, I plan to leave my husband. He hasn’t cheated on me (as far as I know) and vice versa. He isn’t physically abusive; he’s just not supportive emotionally. In my opinion, he is a self-centered controlling mommas boy. He is the only child of a woman that has too much input in our lives. Over the years, I have become miserable and withdrawn. We have a four-year-old child. I want to leave; we only have about $50,000 in the bank.
Because I know that he will make it very hard for me to get any of that money, I plan to move mine and my child’s things out of the house while he is at work. Go to the bank and take 50% of what is in the accounts. I’m not going to take any of the furniture, just my belongings. I work and have always worked. We pay all the bills together. I’m the primary caretaker of our child, and I’m the one that tends to all his emotional needs, the doctors appt, the school trips, and anything else that is involved in our child’s upbringing. My husband doesn’t do anything for our child except show up. My husband is not a bad father; he’s just not a good one. He doesn’t know how to be there for anyone but himself. I have no intention of keeping our child from him. We can share custody; I just want physical custody of our child. I live iN.Y.NY and know that I can’t file for divorce immediately. I don’t want ANYTHING from him except for him to take care of his child. If he and I can work that out between the two of us, I prefer to do it that way. I don’t want to run back and forth to court, don’t want lawyers involved. I just want to get on with my life without him, but we can try and be friends for the well being of our child together. What legal advice can you give? Oh, we have been married for four years

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Jun 25, 2020

Question #126

My husband and I crafted a Separation Agreement about a year ago, privately between the two of us. We are best of friends and still live together, (roommates- no sex), and lead separate lives. We have no children, property, or anything together. We each have our own things, though we do file joint taxes. We got married because we thought it was the next step, but we are just the best of friends. We are very amicable J We now wish to move forward and divorce. My questions are 1- Can we still live together (as roommates- no sex involved). 2- Did our living together ruin it in the “eyes of the law,” and so they won’t view us as “separated,” and we have to start over!!? 3- As neither one of us is abusive, we have not abandoned each other, or been adulterers, etc.… what could we use for grounds? Thank you.

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