Legal Question in Family Law in New York

Re: Seperation

In order to use separation as grounds for divorce, the parties must be separated, living apart, for at least one year, pursuant to a written and filed separation agreement or judgment.

Your financial dependence and other circumstances put you between a rock and a hard place. You should contact an attorney as soon as possible to make sure that you do not forfeit any rights or remedies at your disposal. Feel free to call me at 212-367-9167. I do not charge a fee for the intial consultation.

Re: Seperation

The one year separation requires a written agreement or jugment from the court. If grounds will not be contested, you may be able to obtain an uncontested divorce, provided you can work out the property and custody issues.

Please feel free to contact me to explore your legal rights.

Daniel Clement

Re: Seperation

To obtain what is called a "no-fault" divorce, the husband and wife must file a written separation agreement. The written agreement and its filing in court is what makes a separation "legal". Your particular circumstances would not require you to leave the home. You would be entitled to both child support and maintenance, but you really do need to sit down with a lawyer to discuss your circumstances in detail. If you think that we can be of assistance to you, our contact information is shown below along with our web site.

Separation

New York does not recognize as grounds for divorce, living apart without a Separation Agreement or a Court Order. There are two means in which spouses may live apart and qualify for a divorce:

(1) A mutually executed and agreeable Separation Agreement, whereby the parties privately contract for child custody and support, visitation, spousal support, and the distribution of property; and

(2) A Court mandated Separation Decree, also providing for the above referenced issues. In the case of a Court awarded decree, the abandonment may be for less than a year and "non-support" can also be a valid ground.

In New York, a spouse who has been at home with the children is seen as contributing equally to the financial success of the partnership as one who has worked outside, property is considered to be either marital or separate, child custody is usually determined by the court except where there is a valid separation agreement (private arrangements are generally approved, but the court must first determine what is in the best interests of the child), and child support is based on the Child Support Standards Act (CSSA) which mandates that a certain percentage of a non-custodial parent’s income be contributed.

Re: Seperation

YOU HAVE OTHER GROUNDS-LOSS OF INTIMACY

You have my sympathies for the difficult situation you are in. I have read the responses of the other attornies, and I believe their answers are incomplete.

You likely already have a 'grounds for divorce' in the form of lack of intimacy. If your husband and you have not been intimate for one year or more, then you have possible legal grounds for divorce.

There are other grounds as well - but avoidance of intimate relations may fit your situation.

You are welcome to discuss this matter with me for no charge at my offices at 42 west 44th street, New York, NY. Please call for an appointment first (646) 591-5786.

Re: Seperation

You need a lawyer. You have rights in need of protection!

A stay at home mother with children under the age of 14, is rarely made to leave the marital home, by the Court. So,.... Don't listen to your husband. In addition, your marriage is considered an "economic partnership," entitling you to an equal or equitable share of all of the family assets. That means that a portion of your "husband's" income or other assets belong to you. You are also entitled to receive Basic Child Support, according to a set percentage, and "add on/s" for things like baby sitting, tuition, camp, etc., to permit you to go to school, or work.

You have options! Use them, immediateley get a lawyer, before you forfeit your rights and your children's future.

Please note the following:

NY Grounds for Divorce include but are not limited to: A separation for a year or more, per a written agreement, properly acknowledged; Actual Abandonment; Cruel & Inhuman Treatment; and Constructive Abandonment.

Constructive Abandonment may be found when, a husband refuses to have sex with his spouse; or other conduct that amounts to the level of "leaving the marriage;" a period of a year or more; with the express intention not to resume the "marriage [bed];"

Abandonment (NOT necessarily Adultery) may also be shown when a spouse maintains a " special" relationship with another, ie., a husband has a girlfriend with whom he spends a substanial amount of time, rather than the wife.

GOOD LUCK,

PHROSKA L. McALISTER