Divorce Solutions

Question #75

My husband and I got married in June of 2000. Since then, there has been a lot of problems between the two of us. In December, my husband threw me out of our marital home. I had no choice but to go live in my mother’s house. We have no assets or children together. I do have a son from a previous relationship, who my husband helped take care of him since he was little. He never legally adopted my son. My question is, can I divorce my husband based on abandonment, or do I need to enter into a legal separation before the divorce can happen? My husband will not oppose divorce. We are both New York City residents and cannot afford a lengthy divorce.

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 essential 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