Legal Question in Family Law in New York
? if i am divorced
i have been married to a man since 1973, he abandoned me and our kids in 92& they also have not heard from him since 92 when he left, going on zaba i put in his name and found he was in ny state, and where it says relatives the kids names are mentioned but a new lady is now listed. we have been searching for him for yrs, i know his ss number where he worked for over 25yrs,&new job i was never served & i never signed off on his 4 pensions he will be eligible for in two yrs. he left me with all the marital debat and did
contribute to any of their college expenses, i have written to him not to hassle him but to invite him to the kids functions and tell them all the great news, marriage of the kids, grandkids etc. even invited him to the functions. having a professional license there is no reason he could not find me, and when i sent him coorespondence also gave him my address, plus i am listed. if i am divorced and again didn't know it, and if it is final, can i still place a claim towards the pensions which after raising the kids alone, plus being left with all the debt, and since in he is in ny, im in fl now,isn't there grounds for divorce in ny he has been hiding not us, he has a federal,state,national guard&ss avail in 2yrs
3 Answers from Attorneys
Re: ? if i am divorced
You are a little unclear with some key facts. If you know where your husband is, it will make things much easier for you. Assuming you know where to find him in New York, your next question is to determine where you can file. Based on your message, it appears both NY and FL will have jurisdiction.
Assuming both states do, your next step is to determine which state is more appopriate for you. State laws differ greatly, and you should learn what your rights are in each state before doing anything.
You really need to speak to at least two lawyers, one admitted in FL and one in NY.
Re: ? if i am divorced
Q. if i am divorced and again didn't know it, and if it is final, can i still place a claim towards the pensions which after raising the kids alone, plus being left with all the debt,
A. You would have to first find out if a Judgment of Divorce was granted by a Court. If yes, you would have to file a motion to vacate the Judgment because you were never personally served. Once the Judgment is vacated, you would have to opportunity to seek equitable distribution of the pension.
Q. and since in he is in ny, im in fl now,isn't there grounds for divorce in ny.
A. Yes, you have grounds for divorce in New York. Your grounds would be abandonment.
I have handled these types of matters for Florida residence commencing divorce in NY. Feel free to contact me if you have any further questions.
Mike.
Re: ? if i am divorced
You can file for divorce in either FL or NY You should seek assistance from an expert in marital law to determine what your rights are and which venue would be better.
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