Divorce Help

[NewToNewYork]

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

Hello, I live in New York and a friend who is too embarrassed to ask herself is wondering how to go about a divorce here in New York. I told her I would ask on line, but I did look up the state website with info and understand that she either has to be separated for a year legally from her husband or prove that he has abandoned her for more than a year. They have no children and no real assets. What can she do? I told her we are from California and it seems the law differ quite a bit. I guess she just needs to know how to file for divorce with an attorney as she cannot afford one.

These are some of her details:

They were married in July 2007

He left for another woman in March 2009 and said he was saving to file for a legal separation but was fired from his job and was helping to pay rent and utilities even if he was gone already, but stopped altogether.

He said his lawyer had told him that he isn't legally responsible for any of the bills here since he left.

They don't own a home, have any real assets and have no children.

How much will it cost her to file for divorce? Must she be abandoned for more than year or file legal separation? How much will that cost? Is his attorney correct?

Thank you!
NTNY

 

[hmbttw2012]

It will not cost her to file for divorce ,because she will be a defendant but a plaintiff.

She has not been desearted for more than a year .if she likes she may file for divorce instead of her now spouse.

how much it costs depends on which state she resides in

yes he has not fault

 

[NewToNewYork]

It will not cost her to file for divorce ,because she will be a defendant but a plaintiff.

She has not been desearted for more than a year .if she likes she may file for divorce instead of her now spouse.

how much it costs depends on which state she resides in

yes he has not fault

I didn't understand your reply. She is going to be a defendant? Wouldn't she be the plaintiff or petitioner since she wants to file?

about being deserted for more than a year, does he have to be gone for more than a year in New York for her to file for divorce?

he has no fault in what? He is still her husband and left her with all the household bills and rent to pay?

Hmm...

 

[LdiJ]

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

Hello, I live in New York and a friend who is too embarrassed to ask herself is wondering how to go about a divorce here in New York. I told her I would ask on line, but I did look up the state website with info and understand that she either has to be separated for a year legally from her husband or prove that he has abandoned her for more than a year. They have no children and no real assets. What can she do? I told her we are from California and it seems the law differ quite a bit. I guess she just needs to know how to file for divorce with an attorney as she cannot afford one.

These are some of her details:

They were married in July 2007

He left for another woman in March 2009 and said he was saving to file for a legal separation but was fired from his job and was helping to pay rent and utilities even if he was gone already, but stopped altogether.

He said his lawyer had told him that he isn't legally responsible for any of the bills here since he left.

They don't own a home, have any real assets and have no children.

How much will it cost her to file for divorce? Must she be abandoned for more than year or file legal separation? How much will that cost? Is his attorney correct?

Thank you!
NTNY

She cannot file for divorce in NY now unless she has grounds to file for a divorce without being legally separated for a year.

 

[mistoffolees]

She cannot file for divorce in NY now unless she has grounds to file for a divorce without being legally separated for a year.

The other possible grounds that do not require a 1 year separation are:
New York Grounds for Divorce — DivorceNet

Note that 'cruel and inhumane treatment' is often used if the two agree on the divorce, but if the other person challenges it, it can be messy.