Legal Question in Family Law in New York
seperation
i got a legal seperation from my husband in NY and then i moved to NC. I was dating someone here and i was wondering if my husband could come after him and take everything he has. He is afraid to keep dating me because of that. I have been legally seperated for almost 6 yrs.
2 Answers from Attorneys
Legal and practical
You have no legal problem if the seperation has a clause that states something wimilar to, "Each of the parties shall be free from all marital control, direct or indirect, of the other party." Even if that clause does not exist there is no way that your husband could successfully go after your boyfriend or his assets.
Why not take the agreement and have it turned into a divorce it is over year old and that is all the time you need to be seperated under NY law to get the equivalent of a "no-fault divorce".
Re: seperation
There is no risk to either of you. Your ex has no legally recognized interest in any property that is now in your possession. The financila part of your marriage, unless you get back together with him, is over. This is 100%.
There is no reason for you to not seek a legal divorce at this time. You have separtate lives and are seeing other people.
My fee for such a divorce would be $500.00 and you would not be required to make any appearence in NY.