Oct 27, 2018
You did not indicate what say you are located in but in the state of New York adultery is one of the grounds upon which you may base your motion for divorce. You do not need your husband’s consent in order to make a motion to the court for divorce. You’ll have to serve him […]
Continue Reading...Oct 27, 2018
Assuming that all of the documents you filed were correct and prepared properly, as required under law, these documents would have to be reviewed by the clerk’s office which deals specifically with divorce and matrimonial matters, and upon the clerk’s approval, the documents will be sent to a judge for the judge’s signature on the […]
Continue Reading...Oct 27, 2018
A legal Separation Agreement, if prepared properly by experience legal counsel, will include provisions permitting you and your spouse to live separately, to divide your marital property, will provide which spouse will be the residential parent of the children, whether one or both of you will have custody, to provide for spousal support if necessary, […]
Continue Reading...Oct 27, 2018
If you did not enter into a legal Separation Agreement, which meets the statutory requirements under New York Domestic Relations Law, you are considered legally married no matter how long you are physically separated from each other. There is no such thing as “considered a legal divorce” without filing the proper papers. I strongly urge […]
Continue Reading...Oct 27, 2018
Nice try but no cigar! Your written statement from your wife, given the information you provided, does not appear to meet the requirements necessary for a legal premarital agreement. Once again, I cannot overemphasize the need for individuals who are involved in premarital agreements, or separation and divorce proceedings, to retain an experienced mediator-attorney to […]
Continue Reading...Oct 27, 2018
In the State of the New York both divorce and legal separation require grounds. Irreconcilable differences are not sufficient to obtain either a divorce or separation. The difference is in the result. Once the judgment of divorce is executed by the judge, the parties are free to remarry, whereas, a legal separation allows the parties […]
Continue Reading...Oct 27, 2018
I cannot overemphasize the necessity to get a legal separation which should be prepared by a experienced matrimonial attorney in your area . By remaining separate but not legally separated all of the assets ( e. g. a house, condo, 401-K, etc.) which either you acquire are still considered marital assets and the other party […]
Continue Reading...Oct 27, 2018
The grounds for separation in NY are the same as the grounds for divorce. One of the grounds upon which a divorce may be filed is having entered into a written separation agreement properly executed by both parties and, upon the passing of one year from such execution, either party may file for divorce based […]
Continue Reading...Oct 27, 2018
The Separation Agreement is the first step in the process of divorce in which you spell out in detail how you are going to divide your property and, if you have children, who is going to have custody of the children, what the visitation rights will the exception. It also will describe any spousal support […]
Continue Reading...Oct 27, 2018
The laws of separation and divorce are state statutes and do not vary by County. Please look at the Hot Topics section of my web site, Divorce Solutions.com, under the section which deals with separation and divorce and you will note a variety of discussions regarding the matter. Leonard M. Weiner, Esq./Divorce Solutions
Continue Reading...