spouse will not sign separation!

What is the name of your state? New York

What options do I have if my spouse refuses to sign separation papers? I may have grounds for divorce but do not have the money to persue that route at this time. What can be done? We have separated many bills, etc., but she lives in the house with both our names on the mortgage and refuses to sell or refinance. I can not move on with my life without getting these things finalized. Any suggestions?

kimmy13045 said:

What is the name of your state? New York

What options do I have if my spouse refuses to sign separation papers? I may have grounds for divorce but do not have the money to persue that route at this time. What can be done? We have separated many bills, etc., but she lives in the house with both our names on the mortgage and refuses to sell or refinance. I can not move on with my life without getting these things finalized. Any suggestions?

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~~~You should not enter into a settlement agreement without proper advice from an attorney. You need an attorney who is qualified to mediate between you and your wife, who will draw up the necessary separation agreement in such legal form that it will satisfy the court having jurisdiction over the divorce. This separation agreement should be filed in the appropriate court and once filed may be enforced by the courts in the event she reneges. This is the only way your going to be able to move on with your life.

In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts. The legally acceptable reasons, or grounds for divorce, in New York are described in Domestic Relations Law §170.
They are: (1) cruel and inhuman treatment; (2) abandonment; (3) imprisonment; (4) adultery; (5) living separate and apart pursuant to a separation judgment or decree; and (6) living separate and apart pursuant to a separation agreement. Reasons 1, 2, 3 & 4 do not require any time period to pass, you can complete your divorce without a waiting period. Reasons 5 & 6 require you to wait one year after the document is filed.