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
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
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
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