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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My husband is commenting Adultery, but I do not want to give

Customer Question

My husband is commenting Adultery, but I do not want to give him a quick divorce. I want the long way -1year separation, then divorce hearings the whole nine yards. Is that possible?
Submitted: 7 years ago.
Category: Family Law
Expert:  ANDREA, replied 7 years ago.

Good Morning,

 

Thak you for your question and for choosing JustAnswer.

 

I like your style - Make him pay, make him regret he was born, that's the only way.

 

To answer your question, anything is possible.

 

Q. First, please let me know, is he still living at the marital residence, or has he moved out?

 

Q. Any children?

 

Q. How much will it take per month to maintain the lifestyle you would like to be accustomed to?

 

I await your Reply and information,

 

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

 

Customer: replied 7 years ago.
!. Yes he still lives in the marital residents
2. One son 6 years old
3. At least $600.00
Expert:  ANDREA, replied 7 years ago.

New York recognizes legal separations, with or without an agreement; for your purposes, you would not want a separation agreement because that would just get incorporated into the divorce and make the divorce go that much smoother (since all the issues would have been resolved in the separation agreement).

 

You could file a Petition for spousal support, but you are not really living separate and apart from a financial point of view. If he is paying all the expenses, you would not get very much for yourself and since your son is living there, also and all his necessaries are taken care of by his father, you wouldn't be able to give the Judge a reason for your requesting child support.

 

Let me give you an outline you can work with:

 

Husband lives separate and apart and not in the marital residence;

Wife lives in the marital residence with son and she needs:

A. Spousal support;

B. Child support;

C. Husband to pay mortgage (if house), or rent if apartment

 

Husband has no grounds for divorce and cannot file Complaint in Divorce; only ground for him would be one (1) year separation and that is one year away.

 

New York is an equitable distribution state which means after the divorce proceedings are commenced, there will be a hearing on the distribution of marital property and if you do not agree, this can drag on for a while until a Judge steps in and takes over.

 

So there you have it!

_________________________________________________________________________

 

 

 

 

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

 

_______________________________________________________________________________________

 

Thank you for allowing me to assist you,

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

 

 

Customer: replied 7 years ago.
I have a question- Are you saying I need a seperation without an agreement? How is that do by just asking him to leave, or do I file papers but there is just seperation and nothing else is agrred on?
Expert:  ANDREA, replied 7 years ago.

When spouses decide to get a divorce, they often decide to live separate and apart and many do so in accordance with a Separation Agreement that they have signed. This Agreement pretty much spells out the terms of the divorce settlement, property distribution, Custody, Child support, Alimony and any other issues they may have so that when the year is up they will get a divorce on the grounds of one year separation. The fact that they entered an Agreement settling outstanding issues makes the divorce go smoother.

 

However, you distinctly said you wanted to drag it out and not make it easy for him; I, therefore, complied with your wishes and did not describe the smooth way out for him.

 

Now you have both versions; the hard way and the smooth way

 

 

__________________________________________________________________________

 

 

 

 

Leaving positive Feedback, Bonus, etc., are always appreciated.

 

_______________________________________________________________________________________

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

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