seperation time

[nawpaw]

What is the name of your state? ny
if two people are seperater for three years living in differant house holds can it be considered a legal seperation. child support is already in place during this time

 

[Just Blue]

No**************.

 

[CourtClerk]

No**************.

Bay,
You're going to have to stop being so long winded in your responses...

The OP is still trying to figure out a way around that whole being with a married man thing I see.

 

[Just Blue]

Bay,
You're going to have to stop being so long winded in your responses...

The OP is still trying to figure out a way around that whole being with a married man thing I see.

I figured I wouldn't get flamed by the OP if I kept it "brief"....

 

[CourtClerk]

I figured I wouldn't get flamed by the OP if I kept it "brief"....

Then let me get out my fire extinguisher...

 

[LdiJ]

What is the name of your state? ny
if two people are seperater for three years living in differant house holds can it be considered a legal seperation. child support is already in place during this time

You really would get better answers if you if you would expand upon your questions.

However, if the purpose of your question is can the three years that they have already been physically separated count for the required separation period in NY, in order to get a no-fault divorce, then the answer to that is yes....particularly since child support was ordered.

 

[CourtClerk]

You really would get better answers if you if you would expand upon your questions.

However, if the purpose of your question is can the three years that they have already been physically separated count for the required separation period in NY, in order to get a no-fault divorce, then the answer to that is yes....particularly since child support was ordered.

LDiJ,
The OP is trying to figure out a way to justify her and her children living with a married man. She is going through a custody issue with her ex-husband (who is now remarried) and instead of just picking up her children, moving out and leaving this mess alone so her husband wouldn't have anything to say, she would much rather try and figure out an excuse to justify her continuing to have this relationship with (let me say it again) a married man. Her thing is that they've been seperated and going through a divorce for 2 years (not 3), but her hormones are getting in the way of her judgment.

 

[Not My 2 Kids]

LDiJ, The OP is trying to figure out a way to justify her and her children living with a married man. She is going through a custody issue with her ex-husband (who is now remarried) and instead of just picking up her children, moving out and leaving this mess alone so her husband wouldn't have anything to say, she would much rather try and figure out an excuse to justify her continuing to have this relationship with (let me say it again) a married man. Her thing is that they've been seperated and going through a divorce for 2 years (not 3), but her hormones are getting in the way of her judgment.

So when a poster strays from legalities and starts complaining about the morality of the situation he's going to get jumped on and reminded that this isn't drphil.com or oprah.com, "This is a LEGAL site for LEGAL advice!!! blah blah blah...." but the regular members of this site should feel free to do exactly that?

Hypocrites.

 

[LdiJ]

So when a poster strays from legalities and starts complaining about the morality of the situation he's going to get jumped on and reminded that this isn't drphil.com or oprah.com, "This is a LEGAL site for LEGAL advice!!! blah blah blah...." but the regular members of this site should feel free to do exactly that?

Hypocrites.

You are correct that we are sometimes a bit hypocritcal, and we should not be.

However, sometimes issues that may seem to be moral issues, can actually have a negative impact on legal issues, and its important that we tell the truth in those instances.

 

[LdiJ]

LDiJ,
The OP is trying to figure out a way to justify her and her children living with a married man. She is going through a custody issue with her ex-husband (who is now remarried) and instead of just picking up her children, moving out and leaving this mess alone so her husband wouldn't have anything to say, she would much rather try and figure out an excuse to justify her continuing to have this relationship with (let me say it again) a married man. Her thing is that they've been seperated and going through a divorce for 2 years (not 3), but her hormones are getting in the way of her judgment.

Actually, my take on it was slightly different, knowing that NY requires you to be separated for at least a full year before you can get a no-fault divorce. I took it as she was trying to find out just how fast she could get her boyfriend divorced, so that she was no longer living with a married man.

 

[nawpaw]

finally someone who thinks befor typing

that is exactly my take on it. THANK YOU !

 

[nawpaw]

court clerk

i never let my emotions supersede my inteligents..dont you dare try and judge me, im here to get some direction. REMEMBER this is a law forum !!

 

[Just Blue]

i never let my emotions supersede my inteligents..dont you dare try and judge me, im here to get some direction. REMEMBER this is a law forum !!

You were given the legal information. If you live with a married man it could negatively affect your "heated" custody battle. If you do not like this answer, go find an attorney in your area and get their opinion.

 

[Bali Hai]

You really would get better answers if you if you would expand upon your questions.

However, if the purpose of your question is can the three years that they have already been physically separated count for the required separation period in NY, in order to get a no-fault divorce, then the answer to that is yes....particularly since child support was ordered.

That is not correct. The parties must be legally separated for one full year in NYS. That means filing the separation papers with the court and the clock starts ticking.

 

[LdiJ]

That is not correct. The parties must be legally separated for one full year in NYS. That means filing the separation papers with the court and the clock starts ticking.

I know of at least a couple of cases in NY where that wasn't necessary. However it did require both of the parties agreeing that they had been separated for that length of time.