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Ask C.Fortunato Your Own Question
C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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I would like to know if you can sever financial ties with your

This answer was rated:

I would like to know if you can sever financial ties with your spouse and not be responsible for his credit card debt through a legal separation with the courts in NY?
Due to financial difficulties, can we still live in the same house, but in separate quarters until we decide to proceed with the divorce? I live in Saten Island, New York.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

cfortunato :

New York is not a Community Property state. That means you cannot be held liable for your spouse's debts, whether or not you and he are legally separated.

cfortunato :

In other words, it is not necessary to become legally separated to not be liable for your husband's debts.

cfortunato :

However, if you and he do decide to become legally separated, it is okay if you and he are living separately in the same house.

Customer:

Does your answer cover the laws in the state of New York?

Customer:

Can the Legal separation be considered invalid by the NY courts if we reside together and wish to use the separation agreement for the uncontested divorce?

cfortunato :

You no longer need a one-year separation to get a divorce in New York.

cfortunato :

My answer does apply to the laws in New York state.

cfortunato :

A legal separation cannot be determined to be invalid if the spouses are residing together. Many spouses continue to live together while they are legally separated.

Customer:

Thank you

cfortunato :

You're welcome!

cfortunato :

And please have a pleasant day!

Customer:

How much time do you allow for questions?

cfortunato :

There is no pre-set amount of time allowed for questions. After you provide a positive rating, you can always come back for further clarification of the same topic.

C.Fortunato and 7 other Legal Specialists are ready to help you