SEPARATION

Oct 27, 2018

Question #28: Seven years ago, I was married in New Jersey State by a Justice of the Peace with a New York State marriage license (which I never received a copy of). On this marriage license, I am completely sure that my name was spelled incorrectly. Does this invalidate it? We were married a year and a half when I found out she was pregnant. I had never had intercourse with her without contraceptives. I thought it was mine, and had a court-ordered DNA test done after the baby was born, which she refused to take until they at least got her to consent to a blood test. The blood test came out as the baby being B+, when she was A- and I have a very rare blood type: ABO-. Therefore, the baby could not be mine. A friend that had been living with us matched the blood type but we never got the DNA from him because he passed away. She abandoned me, and went to her mother. Three months later, I filed for custody, until I found out from the blood work that the child was not mine. Now that you have all the background circumstances, what is the time frame of being separated (as we were automatically separated upon finding out the baby was not mine) before it is considered a legal divorce without going to court? I no longer live in New York state,however she is still in New York.

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 […]

Oct 27, 2018

Question #25: I have been married for 10 years. My husband & I are selling our house (no children/pets – house is only asset). The closing is 1 mo. or so away & I have to make decisions quickly. We have not been getting along, but don’t hate each other (just lots of mistrust). Should we get a legal separation if we plan to live apart? What liability am I assuming if I don’t get separated & we are living apart? What if we decide to live together & we want to keep our money separate?

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 […]

Oct 27, 2018

Question #24: What are the grounds for a legal separation in NY? I once heard a rumor that after being legally separeted for a period of one year, the divorce is automatic. Is there any truth to this?

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 […]

Oct 27, 2018

Question #23: What actions must be taken in New York State regarding the filing for Legal Separation and what are the fees?

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 […]

Oct 27, 2018

Question #22: What are the legal separation laws in Oswego County New York?

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

Oct 27, 2018

Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again? Thank you.

You should engage in an experienced attorney-mediator a to take you through the steps necessary for your separation and the divorce. These matters are too important to leave to self “home improvement” techniques. You should enter into a Separation Agreement with your spouse in which you outline all of the terms and conditions of the […]

Oct 27, 2018

Question #18: My husband and I just separated and we have 19 year old son. we are still great friends and we are making it as easy as possible. should we file for a legal separation?

It is essential that you file for a legal separation, otherwise you will continue to have all of the same responsibilities and obligations of a married couple. It is also important to spell out in writing, exactly who shall have custody, who shall be the resident parent of the child, child support, spousal support, separation […]

Oct 27, 2018

Question #16: If both parties agree, can a separation agreement be back dated in NY State to speed up the divorce process?

There are alternate grounds that may be used instead of relying on the Separation Agreement and waiting a year. These other grounds do not have a one year waiting period and the divorce can be filed for immediately. If you are located in the metropolitan New York City area, and are interested in considering mediating […]

Oct 27, 2018

Question #14: Do you have to have a separation before divorce?

You did not indicate what state you were living in, but in New York although it is not technically necessary to have a separation before the divorce, in practical terms it is important to enter into a Separation Agreement spelling out the exact terms of the separation, (including child custody, child support, spousal support, division […]

Oct 27, 2018

Question #13: I live in New York State and have agreed to and had a fully executed Separation Agreement filed with the Clinton County Clerk’s Office. Is it legal to now reside with another woman? Is this a proposition that could cause me trouble?

Until you receive a signed Judgment of Divorce from the Court in your jurisdiction you are still considered legally married and prohibited from living with another woman. You must file the necessary divorce papers to remarry and to terminate the first marriage. Leonard M. Weiner, Esq. Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #24: What are the grounds for a legal separation in NY? I once heard a rumor that after being legally separeted for a period of one year, the divorce is automatic. Is there any truth to this?

Question #23: What actions must be taken in New York State regarding the filing for Legal Separation and what are the fees?

Question #22: What are the legal separation laws in Oswego County New York?

Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again? Thank you.

Question #18: My husband and I just separated and we have 19 year old son. we are still great friends and we are making it as easy as possible. should we file for a legal separation?

Question #16: If both parties agree, can a separation agreement be back dated in NY State to speed up the divorce process?

Question #14: Do you have to have a separation before divorce?

Question #13: I live in New York State and have agreed to and had a fully executed Separation Agreement filed with the Clinton County Clerk’s Office. Is it legal to now reside with another woman? Is this a proposition that could cause me trouble?