Legal Question in Family Law in New York
MY Husband left me in November 2009 and is living in Miami, Fl for the last three months. He is taking care of only the credit card that has only his name the rest of the credit cads debts that has both name he claim is only my expenses I am in a bad financial situation and I would like to take care of this as soon as it is possible.I am looking for a lawyer who can draft a Marital Separation Agreement and send to him to see if he agrees and sign it. We do not have any assets: no properties, no children. We only have to share our debt with credit cards. He has annuity funds (local union from him) that we could take it to liquidat our debts but he soesn not agree. My question is: Can he start a divorce from Florida and if the laws in Florida state is different than NY I can end up loosing my share as a benefeciary on his Local Union? Can I make my own Marital Separation Agreement? It will be legal ? Thanks.
1 Answer from Attorneys
Based on what you have stated, your husband has not yet retain Florida residency for purposes of filing for divorce. would suggest that you start your divorce action in New York before he obtains residency in Florida and then work on obtaining a settlement agreement.