divorce, best way to go about it.

[madzia]

A polish citizen, I got married to an American citizen in the state of NY 8 months ago. For some time he has been threatening to file for divorce but hasn't done so. I would like to leave the US but would rather be sure he started the divorce proceedings before I left for I do not trust him to carry out the divorce as he says he will. When I ask him to tell me when, and how exactly the proceedings will take he brushes me off and insists that I leave the country asap and he will take care of things himself. He says he is no longer legally responsible for me and all he wants is for me to get out of his house. I haven't been able to work because of these immigration procedures and so have no money of my own. My questions are can he legally throw me out of his apt if he has not filed for the divorce, do I have to be present for the whole divorce proceedings and is there such a thing as an annulment of a marriage in the state of NY if the marriage lasts for under a year.

 

[I AM ALWAYS LIABLE]

My response:

Length of marriage has nothing to do with Annulment. There must be other, more stringent and particular, grounds. Suffice it to say, and since you haven't mentioned anything about your marriage other than it's length, I rather doubt you're eligible.

Anyway, it would be a wise move on your part to see a Family Law attorney for your situation. You have a few issues that are intertwined with each other. Most family law attorneys will give you a free initial consultation. And, if you choose to hire an attorney, there's also a very good chance that your attorney will be able to obtain an order from the court that will require your husband to pay for your Attorney's fees.

Good luck to you.

IAAL

 

[Nee]

NY: I am assuming that you are still residing in New York, where I practice. In this state as well as in most other states, a legal husband has the obligation to continue supporting his spouse until there is a signed separation agreement containing support provisions or a Judgment of Divorce and Stipulation of Settlement. It would be foolish of you to leave the country at this time until this marriage is legally dissolved. In New York State the other spouse must be served with a Summons for Divorce in person. It cannot be mailed. So, you will know whether he is really doing anything about starting the divorce. It is my guess that he is encouraging you to leave the country so that he can get a one-sided (default) divorce, claiming that you are no longer in the country, and so he will not have to worry about giving you any support at all. In New York, it is also illegal to order a spouse out of the marital residence until there is a signed agreement, court order or Judgment of Divorce.Stay where you are until legal papers are served.