Divorce Solutions

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 Over the years, I have become miserable and withdrawn.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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Jun 25, 2020

Question #129

I live in a suburb of NYC. I have been married for five years and have one child (1 year). I am utterly miserable in my marriage. My husband and I do not love or even like each other; however, I know I do not have legal grounds for divorce iN.YNY. When I bring up the topic of divorce/separation, he tells me to leave but to leave our son with him. He says he would never separate without full custody of our son. I would be willing to share custody (if I was the primary custodial parent). I would not even want spousal support-just child support. My question(s) is/are am I stuck in this marriage due to lack of legal grounds and refusal of my husband AND if divorce is possible, could he get custody of my son? I am currently a part-time NYC school teacher. I stopped working full time when my son was born. I could go back full time whenever I want; however, even if I worked full time, he earns more than double what I do-would this impact custody? Also, I would have to reside with my parents (more than enough room for my son and me) for about a year to get on my feet. My husband could afford to live on his own.

My question(s) is am I stuck in this marriage due to lack of legal grounds and refusal of my husband AND if divorce is possible, could he get custody of my son?

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Jun 25, 2020

Question #130

I was married in South America in the 60s. I moved to the US and became a dual citizen who has been in NY ever since. Now I want to get a divorce, but here is the detail. My husband was in jail for 10 yrs and was released back in 2003, and we tried to live together. He then last year left to live with his girlfriend for a couple of weeks, and it didn’t work, so he came back. We are in the process of selling our townhouse, and I just want to be rid of him. Can I get a “default divorce” in my favor?

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Jun 25, 2020

Question #138

 I have been married for less than six months, and I’m considering divorce; based on the information I read, it seems that an annulment is out of the question. But I would like to know what exactly constitutes fraud (in regards to an annulment)? My husband is 20, and I’m 27, and we only lived together for the first two months of our marriage. He is currently in a government-funded school program…..Can my husband ask for alimony even though we do not live together? Can I have him served with divorce papers at his school??? Can anyone serve him??? I would appreciate any help in this matter…..never thought I would have to go through this…..but I’m sure that’s what a lot of us are saying!!!

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Jun 25, 2020

Question #142

I have lived in a nightmare for the past two years. My husband of 31 years cheated on me with my so-called best friend. Not only was she my friend, but for the last two years she worked for me, and I had no recourse at work but to work alongside her; otherwise, I would have lost my 21-year job. Because I live in this Great New York, the laws are terrible. I had emails that they shared and cards and also copies of his poems to her. Since they were not caught in the act, I cannot sue for adultery. I have been back and forth in court for the last year, and since it is a NO FAULT state, me, the innocent party suffers. I am 50K in debt with one lawyer who I dismissed, and now I have another lawyer, and it still goes on. What makes matters worse is that I make more money then he does, so since I do and he has no benefits, I have to share all of my retirement benefits.
To make matters worse, he wants survivor benefits; not only survivor benefits but my Paid Time Off. He wants half of that when I retire. Let’s see, oh yes, he wanted support, he wants me to have a life insurance policy, the list goes on and on. Well, New York has no laws on this either, so all he has received by the District Attorney and the Judges here in Putnam County, but a slap on the wrist. I have to sell the house, and all I do is clean up his mess.

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Jun 25, 2020

Question #143

 I am in a unique situation. I have been married for a month and a half and want to get a divorce. I married him because at the time I was pregnant, and my mother threatened to kick me out of the house if I didn’t. A few days after the marriage, I miscarried, and since then, all I receive is verbal abuse daily. I need to get out of this relationship. Is it possible with such a short time period after the marriage? If so, how long can it take to complete?

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Jun 25, 2020

Question #150

My best friend has been legally married to his wife for three years now, but they have NEVER lived together since getting married. He resides iV.A.VA for work, and she resides in Queens, NY, with their three-year-old daughter. They just got a legal separation document in March of 2008. My question is, since they have not resided together the entire duration of the marriage and they have not slept together in 2 years, do they have to wait out the legal separation period of a year to have a finalized divorce, or can they divorce now? They both agree it is a no-fault divorce. Please advise, he would like to end this marriage sooner rather than later. Thanks!

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Jun 25, 2020

Question #160

my husband and I got married legally in NY October 15, 2007, and religiously married October 19, 2007 ( registered by state oN.Y.NY). But did not start living together until March 14, 2008. I love him a lot even though it was an arranged marriage; he never really accepted the marriage well enough, but from my end, I have fulfilled all the duties of a good wife. His shopping meals the house everything I took care of personally him and my in-laws didn’t treat me kindly, and we were having problems one day he was kicking me out of the house and slapped me and abused me. I called the police, but not intending to get him arrested. I just got scared and thought he needs to understand he can’t treat his wife like that. He was in jail for 24 hours, and now the state put a case against him, and max he will have to pay a fine violation or misdemeanor. And I did everything in my reach to get him out of this trouble. But now he wants a divorce, and he puts grounds of adultery and cruel, inhuman treatment. I know he doesn’t know divorce is a wrong step. I want to stop it by contesting and making him realize we can work it out. But how can he prove inhuman treatment??? can he say I sent him to jail, but he did something wrong, and for that time, he deserved that otherwise, he would not realize his mistake. Did I do anything wrong? I have always had the best favor of him.

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