Divorce Solutions


I live in NY State, and I am engaged to a man that has been separated from his ex for about five years. He decided to start divorce proceedings, and he hired a lawyer. He subsequently found out that no separation agreement was ever filed with the court. Myfiance and his ex have two children together. He pays $ $504 a month in child support as ordered by the court. His exsaid she would only sign the divorce papers if he agreed to take out life insurance on each child and pay half of all of the kids’ expenses, including college tuition. We live in a small town in upstate NY and make modest incomes. Based on my fiance’s salary, he cannot afford the life insurance premiums for the children. He supports his wheelchair-bound father with $300 a week. He cannot afford any of this.

My question: Can she just hold out on these demands and never sign the divorce papers? My fiance’s lawyer clearly is not an experienced divorce attorney, and he isn’t much help on this matter. I would appreciate it if you could please give me some advice. Thank you so much.

You need a different lawyer! You need an attorney experienced in matrimonial matters who can assist you.
What his spouse is asking for does not sound unreasonable, but I do not have all the relevant facts to offer a serious opinion.

Lifestyle, the disparity in incomes, needs of the child, etc. are all relevant issues. Also, the agreement between the parties must be written by an experienced attorney to limit your friend’s exposure. He should specify in the agreement that the child only attend a State-run university where the tuition is more reasonable, setting a maximum amount for all items such as tuition, housing, extracurricular activities per year, etc.

Leonard Weiner, Esq./Divorce Solutions