Legal Question in Family Law in New York

Re: won divorce on cruel and inhuman

I am amazed that you got this far in your divorce case, without having previously considered where you were going. What did your attorney advise you?

Equitable Distriubtion must be had, regardless of marital fault.

This illustrates the old saw: Don't ask for what you don't want, becasuse you might get it.

Re: won divorce on cruel and inhuman

In New York, the question about who is entitled to a divorce and the question of how the assets of the parties are to be divided are entirely distinct and independent questions. So the answer is that the assets are still subject to being divided "equitably". Jeremy Morley [email protected]

Re: won divorce on cruel and inhuman

To both echo & paraphrase {&, perhaps clarify} earlier responses you've received:

One is hard-pressed to imagine a particular jurisdiction {i.e., county in which a Supreme Court Justice is sitting} that would issue a divorce decree that did not include specific details of the resolution of the financial issues; unless, perhaps, you went through formal litigation of the issues surrounding "grounds" for divorce, only - - in which case one would expect that any order made to recite the resolution of those issues would also include a direction that the "financials" be resolved or submitted for resolution.

Put otherwise: the same proposition true for "love & marriage" is also true with regard to divorce and distribution: "You can't have one without the other."

Which is to say: you aren't done, yet; unless somewhere / some how in the pleadings both of you specifically waived equitable distribution and specifically asserted that all the property / financial issues were, or had been, completely resolved.

Be alert to the proposition that altho' NY has no "no fault" divorce, when it comes to equitable distribution, "fault" is not a consideration, as a rule.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<