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Divorce

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Andy Muniz

Guest
What is the name of your state? What is the name of your state? New york.

My wife is filing for our divorce, which I do not want to do. She will file for the divorce based on sexual abondament and is asking me to back date as to when we last had a sexual encounter, so that the divorce can be expedited and granted within thirty days. The truth is it has been three months. I have three questions: (1) Is this legal or ethicly correct on the part of the attorney? and (2) If and when I sign off on our divorce, how soon must I vacate our home? She wants me out ASAP, however, financially I have not yet found a place I can afford. (3)Should I hold off on signing our divorce until I find a place to live?
 


Jeter

Member
When you hire an attorney, he assumes that the information you supply him with is the truth. If you tell him you last had sex 11 months ago, he will believe you and file as such. So the question would be "is this legal or ethically correct on YOUR part" to which the answer would be no. The attorney is simply filing based on your "true" information.

How soon you must vacate the home will be determined by the judge. There are factors to be considered that apply to each case directly.

My question is why would you agree to lie so you can expediate proceedings that may put you out on the street? She cannot file for a no fault divorce in NY so her grounds require 1 year of sexual abandonment . Tell the truth, the whole truth and nothing but the truth. That will buy you time to find a place to live in a worst case scenario.

Jeter
 

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