Legal Question in Family Law in New York
separation
husband who lives in delaware and i haven't lived together in 7 years have children who live with me is it better to get a legal separation first or proceed with divorce no joint assets. custody major issue
2 Answers from Attorneys
Re: separation
Try to get the agreement first. Then there will be nothing to fight about during the divorce, and you can simply obtain an Uncontested Divorce, on consent, without waiting the year.
Of course, sometimes you have to take the other spouse to court to motivate them to become reasonable.
Suggest you consider commencing the action in NY, ASAP, but do not serve the Summons right away. You are permitted 120 days. Then see if you can get him to sign an agreement. If he does not, have him served.
What you do not want to do is be forced to litigate in his jurisdiction.
If you wish to discuss this further, please call me to schedule a consultation. (516) 741-7799
Re: separation
If you can negotiate an agreement, it is better to do that first rather than start with litigation in court. Your potential fees may be lower. You do not have to wait one year to obtai a divorce after signing an agreement, but can do it immediately afterwards based upon consent.
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