Legal Question in Family Law in New York

Seperation/Divorce

My current partner has lived seperate from his wife for over 3 years. We have tried to do an agreeable divorce for that time period however she will not agree and we are not able to hire an attorney and in NYS it is very had to file on your own for a contested action. My thought is that we file for a seperation but what I want to know is that can if we get some money put the divorce thru prior to one year? Thru these three years we have always paid child support now hse has obtained a court order ordering sposal support no time frame was specified. And finally thier daughter has been in and out of Juvenile homes for failure to attend school we wish the divorce to state her child support will continue only if she is currently attending school


Asked on 1/29/02, 10:28 am

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Seperation/Divorce

Your question is too complicated to address in this forum. If custody is in issue, i would suggest, commencing an immediate action for custody. This can be accomplished with or without an action for divorce.

New York law is too complicated to go it alone. Please retain an attorney.

Daniel Clement

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Answered on 1/29/02, 10:56 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Seperation/Divorce

My question is why can't you hire an attorney in NYS?

Child support must be paid. Your partner could end up in jail if he does not pay. I have seen a bias against non-custodial fathers in family court in support matters. He really should get an attorney.

You can get the uncontested divorce documents at the New York State Unified Court System Website.

Not every divorce can be worked out amicably. Your partner may need to get ready for a nasty fight.

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Answered on 1/29/02, 3:36 pm


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