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  #1  
Old 10-21-2009, 02:36 PM
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No Divorce


What is the name of your state (only U.S. law)? NY

My brother went to court yesterday in NY thinking he was going to be asked to pay alimony. He cannot afford a lawyer so represented himself. He received a list of documents to bring to court by her attorney the day before! He got everything together and went to court. The judge said he did not approve of him respresenting himself and seeing he filed for divorce he would "start". He did the best he could and pleaded his case. In NY there is no no-fault divorce so he had prove adultery, abandonment or cruel and inhumane treatment by his spouse. He has receivd a bloody nose and black eye from his spouse but has no police report. Said he could supply witnesses but did not bring them with him as he thought it was for alimony. He has been married for 27 years and left the house (and has been paying for all expenses) 18 mos ago but filed less than a year ago. The judge denied him a divorce so what happens now?

Can he now demand a key and go back into the house to collect his stuff and half of the house hold items? He also decided he will not be the nice guy now and will not pay a penny for anything including the house starting today. The house is worth less than he owes so why pay if she is going to continue to reap the benefits of being married. He has his own rental now.

Any advice for Bill?What is the name of your state (only U.S. law)?
  #2  
Old 10-21-2009, 03:23 PM
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Join Date: Nov 2005
Posts: 4,248
Quote:
Originally Posted by deecopperpot View Post
What is the name of your state (only U.S. law)? NY

My brother went to court yesterday in NY thinking he was going to be asked to pay alimony. He cannot afford a lawyer so represented himself. He received a list of documents to bring to court by her attorney the day before! He got everything together and went to court. The judge said he did not approve of him respresenting himself and seeing he filed for divorce he would "start". He did the best he could and pleaded his case. In NY there is no no-fault divorce so he had prove adultery, abandonment or cruel and inhumane treatment by his spouse. He has receivd a bloody nose and black eye from his spouse but has no police report. Said he could supply witnesses but did not bring them with him as he thought it was for alimony. He has been married for 27 years and left the house (and has been paying for all expenses) 18 mos ago but filed less than a year ago. The judge denied him a divorce so what happens now?

Can he now demand a key and go back into the house to collect his stuff and half of the house hold items? He also decided he will not be the nice guy now and will not pay a penny for anything including the house starting today. The house is worth less than he owes so why pay if she is going to continue to reap the benefits of being married. He has his own rental now.

Any advice for Bill?What is the name of your state (only U.S. law)?
Get a lawyer Bill.
  #3  
Old 10-21-2009, 04:06 PM
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Join Date: Mar 2009
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Posts: 6,658
Quote:
Originally Posted by deecopperpot View Post
What is the name of your state (only U.S. law)? NY

My brother went to court yesterday in NY thinking he was going to be asked to pay alimony. He cannot afford a lawyer so represented himself. He received a list of documents to bring to court by her attorney the day before! He got everything together and went to court. The judge said he did not approve of him respresenting himself and seeing he filed for divorce he would "start". He did the best he could and pleaded his case. In NY there is no no-fault divorce so he had prove adultery, abandonment or cruel and inhumane treatment by his spouse. He has receivd a bloody nose and black eye from his spouse but has no police report. Said he could supply witnesses but did not bring them with him as he thought it was for alimony. He has been married for 27 years and left the house (and has been paying for all expenses) 18 mos ago but filed less than a year ago. The judge denied him a divorce so what happens now?

Can he now demand a key and go back into the house to collect his stuff and half of the house hold items? He also decided he will not be the nice guy now and will not pay a penny for anything including the house starting today. The house is worth less than he owes so why pay if she is going to continue to reap the benefits of being married. He has his own rental now.

Any advice for Bill?What is the name of your state (only U.S. law)?
Seriously, Bali's advice is about the only thing which is going to help Bill.
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