Divorce Solutions

Question #99

My sister lives in upstate NY. Near where we grew up. She has been married for 37 years, still living in the same area. After her husband’s many affairs and the most recent one lasting over two years, she could no longer keep her sanity and moved out. She had asked him to leave for months, and he refused. He seems to be in no hurry to get a divorce because he “can have his cake and eat it too.” He resides in their family home. She only makes $215 a week and is finding it difficult to make ends meet. She talks of getting a divorce, but can not afford one. If she filed for the divorce, could the courts make him pay for it? Also, what are the repercussions if she waits to file for a divorce? Someone told her she would lose everything if she did not file. Can this be true? Is there a waiting period before she can file for a divorce or before a divorce is final? Thank you so much for your help.

If your sister is unable to pay for an attorney, the court will force her husband
to pay for her attorney.

I am not aware of any repercussions for waiting to file for a divorce. I do not understand exactly what your concern is.

Concerning the waiting period of a year before getting the divorce, that is a misconception that many people have about the law in New York. That is only about using the Separation Agreement as the grounds for the divorce. If other grounds are used, such as adultery, a divorce may be filed, and judgment ordered immediately without any waiting period.

Leonard M. Weiner, Esq./Divorce Solutions