Legal Question in Family Law in New York

Married, living apart 40 years. What rights do I have?

I am in New York, my husband in is Washington state. We married in California in 1965. I filed for divorce in 1970, but it never went through. I filed again for dissolution but never received the papers. As far as I can tell, the dissolution did not go through. This man has married another woman in Washington state. What rights to I have? I believe he is still married to me. I never remarried, but have two children. Are they considered products of this marriage? What rights to they have financially?


Asked on 8/10/06, 8:57 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Married, living apart 40 years. What rights do I have?

You have the right to divorce your husband, if you are not already divorced.

Since NY and WA are not "community property" states, it is unlikely either state would award you a share or portion of income or assets, that you did not help to acquire.

Assuming your children, are adults they are also not "entitled" to anything, with the possible exception of the ability to collect some portion of a child support judgment, that you may had entered, some years ago.

Please note, You cannot seek child support for children retroactively; and certainly should not attempt to collect child support from a husband, for child/ren that are known, not to be his natural biological child/ren.

Good luck.

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Answered on 8/10/06, 9:24 pm


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