Legal Question in Family Law in New York
Uncontested Divorce
My husband and I separated a few months ago and we both agreed to an uncontested divorce. After doing some online research, the only grounds that applied to us is abandonment. He has filed the papers and I have been served. I have 2 questions, 1) Since I am the defendant being charged with abandonment, will this have any negative effect on me? 2) Although my name is not on any of the papers and my finances were not considered for his bank loans, he purchased the co-op apartment he moved into while we were married. Is there any way I would be held liable if he were to default on his loans?
3 Answers from Attorneys
Re: Uncontested Divorce
First of all, it's unclear whether you are aware that the co-op is considered marital property (because it was purchased during the marriage) REGARDLESS of whether your name is on the purchase documents. That would give you an equitable share of the value of the co-op. With property values having risen so much during the past ten years, I think it would be in your best interests to speak with an attorney prior to signing anything consenting to a divorce.
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Re: Uncontested Divorce
I assume you are waiving your interests in his coop, because it is marital property if bought during the marriage with funds from earnings. No there is no negative impact using the grounds for abandonment.
Re: Uncontested Divorce
There are no negitive effects of being the defendant in an abandonment action.
As for the second issue, you maybe entitled to a portion of the action. I do not believe you could be sued for his failure to pay. You should watch your credit report to be sure that you are not incorrectly named, especially if he should remarry.
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