Question #75: I will do my best to make this really short. My husband and I got married June of 2000. Since then there has been a lot of problems between the two of us. On December of 2005 my husband put me out of our martial home. I was forced to go and live with my mother where I still reside. We don’t have any assets or children together. I do have a son from a previous relationship and my husband has help take care of him since he was little. He never legally adopted my son as his own. My question is can I divorce my husband for abandonment or do I need to put in a legal separation agreement before the divorce can happen? My husband said that he agrees to the divorce as well. We are both New York City residents and we both don’t have a lot of money for a lengthly divorce. We will like for it to be over quickly. Thank you for your help.

I strongly suggest that you seek experienced, matrimonial, legal counsel to help you sort out your separation and divorce.
It is too important a process to leave to self help and although it may cost you now it will save you much money and aggravation
in the future.

Please consider mediating your divorce – it will save you time, money and emotional stress.

The Separation Agreement ,although not technically necessary, is a very important document because it is a legal agreement
between spouses describing, among many other important things necessary to separate your lives, exactly how the marital assets will be divided, who is responsible for the children’s upkeep , education and religious training, care and custody and who will be the resident parent and who will pay maintenance and child support to the other.

Since your husband never adopted your son, he has no legal child support obligation for him.

Having a Separation Agreement does not mean you have to wait a year to divorce. you can proceed with the divorce immediately.

Please call me at 212-370-1660 to arrange for a meeting to discuss these matters at greater length.

Leonard M. Weiner, Esq./Divorce Solutions