Legal separation

[Robert James]

What is the name of your state? New York
I have been marriage for over 9 years. The last 4 I have been a stay at home dad ( 1 girl 4 / 1 boy 20 months ). My wife has just ask for a legal separation. She said she love me but not in love with me. I have talk to a friend of mine who is a lawer and was told that she does not have a legal reason to ask for a divorce or legal separation. I look up " laws of New York "
and I have a question about this section 5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. Does this means that my wife can get a legal separation without
me ?.

 

[Bali Hai]

What is the name of your state? New York
I have been marriage for over 9 years. The last 4 I have been a stay at home dad ( 1 girl 4 / 1 boy 20 months ). My wife has just ask for a legal separation. She said she love me but not in love with me. I have talk to a friend of mine who is a lawer and was told that she does not have a legal reason to ask for a divorce or legal separation. I look up " laws of New York "
and I have a question about this section 5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. Does this means that my wife can get a legal separation without
me ?.

Yes, I believe that is her intent, but only if:

The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

And at that point, you will be divorced.

You need an attorney.

 

[LdiJ]

What is the name of your state? New York
I have been marriage for over 9 years. The last 4 I have been a stay at home dad ( 1 girl 4 / 1 boy 20 months ). My wife has just ask for a legal separation. She said she love me but not in love with me. I have talk to a friend of mine who is a lawer and was told that she does not have a legal reason to ask for a divorce or legal separation. I look up " laws of New York "
and I have a question about this section 5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. Does this means that my wife can get a legal separation without
me ?.

Your wife does not need your permission or agreement to obtain a legal separation.

Its time to get both an attorney and a job. You may be entitled to some short term alimony/spousal support, but it is unlikely to be enough to support yourself.

 

[Bali Hai]

What is the name of your state? New York
I have been marriage for over 9 years. The last 4 I have been a stay at home dad ( 1 girl 4 / 1 boy 20 months ).

The key to your long term financial well being is to get pri**** custody of your kids.

My wife has just ask for a legal separation. She said she love me but not in love with me.

She probably isn't sure about her feelings for her children either.

I have talk to a friend of mine who is a lawer and was told that she does not have a legal reason to ask for a divorce or legal separation.

That's probably her paramour. A "legal" reason can be fabricated and often is the case. Get a good attorney and petition the court for her to pay the attorney fees.

I look up " laws of New York "
and I have a question about this section 5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. Does this means that my wife can get a legal separation without
me ?.

Good luck to you.

 

[stealth2]

Its time to get both an attorney and a job.

I would do the former before the latter - you'll want to talk to your lawyer about the ramifications regarding custody may be in taking a f/t job at this point. Having been the kids' prim.ary caregiver for their entire lives is a huge boon for you, and isn't one to be given up lightly.

 

[LdiJ]

I would do the former before the latter - you'll want to talk to your lawyer about the ramifications regarding custody may be in taking a f/t job at this point. Having been the kids' prim.ary caregiver for their entire lives is a huge boon for you, and isn't one to be given up lightly.

That's true, but its also a two edged sword...there is no way that he is going to be able to support himself without a job and provide a home for the children. There is welfare, but but there is usually a very long waiting list for subsidized housing.

 

[Bali Hai]

That's true, but its also a two edged sword...there is no way that he is going to be able to support himself without a job and provide a home for the children. There is welfare, but but there is usually a very long waiting list for subsidized housing.

No probem.

We petition the court to order wifey to pay maintenance pendite lite and CS (about 25% of her income I believe is the going rate in NY for two kids)

Hubby stays with the residence and children and wifey is out looking for subsidized housing.

Hubby gets a part time or full time job with child care as a benefit of employment. Many places have this today.

Hubby is now set fiancially and drags his feet thru the settlement phase of the divorce and runs up a huge legal bill that the court orders wifey to pay.

Simple!!