Legal Question in Family Law in New York

single mom needs divorce info

I need to file for divorce from my husband. He is currently incarcerated in another state. We have not lived together since August 2004. We are not legally seperated. I have called my local law services and have qualified for the modest means panel. They unfortunately do not have any lawyers who will handle contested divorces if it comes to that. I am not sure of what he will do. I am unemployed with 2 small children. I am also on foodstamps and medicaid. I need to know if I have to be seperated legally before I can file, or can I just file? I really wanted to do this with a lawyer, but I have extremely limited money and I honestly need help. If someone could advise me it would be great.


Asked on 3/21/06, 1:44 pm

2 Answers from Attorneys

John O'Donnell Attorney at Law

Re: single mom needs divorce info

You may try to bring the action yourself. There is usually someone in then courthouse who can provide you with limited assistance to complete the necessary paperwork. You can also ask someone you to know to assist you.

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Answered on 3/21/06, 4:18 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: single mom needs divorce info

You do not need to be separated legally before you can file, you can just file.

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Answered on 3/21/06, 8:40 pm


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