Legal Question in Family Law in New York

Divorce

I have been seperated from my husband for nine years now. We have two daughters which custody has been established.

He refuses to give me a divorce is there any thing I can do? Also through my employment I want to start a 401K but I am afraid that if I do get a divorce can he leagally get that because we are still married even though we have not been together for nine years and no legal seperation.


Asked on 5/08/07, 4:29 pm

2 Answers from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Divorce

When you are ready, you file for divorce and he has a time period within which to answer. If he fails to answer, then you get a divorce be default. If he answers then as long as your grounds meet the legal criteria, you will more than likely be granted a divorce. YOu may want to hire an attorney to to do this though because if he answers and attempts to make it difficult, you may be in court for a while. And yes, the 401k would be considered marital property, despite the fact that you are separated.

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Answered on 5/09/07, 10:14 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Divorce

You need to go see a Divorce attorney in your area. Make sure it is a good one and a reputable one. Then speak to him about possible causes of action.

Your ex does not have to "give" you a divorce. If the ex refuses to consent, you have to go out and get the divorce by litigating the issues. Yes it is more expensive, but it will let you get on with your life. Nine years is way too long to wait.

Get to an Attorney, a good Attorney tomorrow!!

Good Luck

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Answered on 5/08/07, 9:40 pm


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