We have been separated since 1992. We had drawn up papers for separation with an allocation of property, child support, alimony, etc., but I don’t think they were ever filed with the court. I have faithfully lived up to what was on those papers regarding the property, alimony, and child support. Our daughter has finished college now, and we would like to file for divorce. The only thing left is her college tuition loan to work out. Can that be a sticking point in regards to finalizing a divorce? Also, what do we have to file? I live in Texas now, but she still lives in Suffolk County New York.
You do not indicate whether these papers were drawn up by an attorney And whether each side was represented by counsel. The Separation Agreement must be prepared by an attorney who has experience in matrimonial matters, and the document is prepared correctly. Although you may have an agreement, the agreement may not be binding and unless it meets the legal requirements necessary in matrimonial matters.
Concerning working out the tuition loan, if both sides are amenable to a resolution, it should not be difficult.
You must file the separation agreement and divorce papers to get a divorce, and a judge must approve them. Since your spouse is living in New York State, we can file in New York.
Please call me at 212-370-1660 to discuss mediating your divorce, which will save you time, money and lots of aggravation.
Leonard M. Weiner, Esq./ Divorce Solutions