Legal Question in Family Law in New York

Legal Seperation

My husband and I have been seperated since June 22, 1998. We have 2 daughters who live with me and joint custody has been established through family court. Can I file for a pettition for legal seperation without his signature and then have them served to him. He does not pay child support or anything but he told me when we had to go for custody that he would never sign divorce papers.


Asked on 5/28/09, 3:07 pm

2 Answers from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Legal Seperation

You can file for a divorce right now based on abandonment and have him legally served with papers. If he does not sign, you can still get your divorce. If you have any other questions, feel free to contact me directly.

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Answered on 5/28/09, 3:12 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Legal Seperation

You can file for a divorce now, you do not need to file any separation papers.

Please note that the separation agreement would have to be signed by both parties.

Did your spouse just walk out on you?

If yes, then you can list abadonment as the cause of the divorce.

Patricia Martin-Gibbons

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Answered on 5/28/09, 3:28 pm


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