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DIVORCE IN NY

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heartbrokeinNY

Guest
My wife of 6 months wants a divorce for issues we had before we were married (yes, she knew these issues before we were married). After a few days I have accepted this and I want to make sure we remain friends through this. We have already wrote down and agree on everything from property to bills. She has states she doesn't want any alimony or maintenance (we both make within $1000 of eachother and both have the same type of insurance). Should I get this in writing? What is the next step. We would prefer not to go to court.
 


I AM ALWAYS LIABLE

Senior Member
heartbrokeinNY said:
My wife of 6 months wants a divorce for issues we had before we were married (yes, she knew these issues before we were married). After a few days I have accepted this and I want to make sure we remain friends through this. We have already wrote down and agree on everything from property to bills. She has states she doesn't want any alimony or maintenance (we both make within $1000 of eachother and both have the same type of insurance). Should I get this in writing? What is the next step. We would prefer not to go to court.
My response:

Oh, oh. What did you do ? Were you that male escort that I saw with that little old lady in Rockefeller Square about 8 months ago ? She looked to be about 78 years old ! Where's your head ?

Okay, enough with that stuff. Let's get down to brass tacks.

You say she wants a divorce. Good. Let her go. She wasn't worth it anyway - - especially if the marriage only lasted 6 months. What did she want ? A Golden Boy ? You were straight up with her, right ? She can't accept you for who, or what, you are ? Tough !

So, you don't want to go to court ? Well, you have to if she wants a divorce. Yes, it's an EXCELLENT idea to get everything in writing so that a judge can review it, along with the rest of the filings, and sign the Marriage Settlement Agreement. That way, a year from now, each of you will know what was said, and what to do, and what to expect. That way, there will be no questions.

Now, the big question and problem is that you've never done this before, so how do you write a valid "settlement agreement" ? Well, you need to run a search on the Internet for "Marriage Settlement Agreement" and you'll come across a whole bunch of them. Look through them, and see which one fits your situation, and then copy it to your computer word processing program, and then "massage it" (pun intended) to meet your EXACT situation and requirements.

Then, file it in court along with the Petition for Dissolution of Marriage.

Good luck to you. And remember, you didn't need her if this is the way she's treating you - - even after she knew all about you. There's plenty of bagels in the bakery.

IAAL
 
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heartbrokeinNY

Guest
Thank You. I am sure I will be back for more information!
 
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heartbrokeinNY

Guest
Ok, I have searched the WWW for the Marriage Settlement Agreement and only have found a few. Now, Can we make this say anything we want (if we agree) or does it have to specific to NY laws? I would like to get everything done while we agree on it...if you know what I mean.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Yes, I know what you mean.

Okay, now that you have a sample settlement agreement, yes, it must conforms to New York law. I wanted you to see what this entails. So, the next thing to do is to look in your Yellow Pages under Paralegal, and call a Paralegal Service in your area.

They will be glad to put a Settlement Agreement together for you that conforms to New York law. And, the cost will be very inexpensive, when compared to an attorney doing the same thing.

Additionally, while you're with the Paralegal Service, find out what they charge for putting together a Petition for Dissolution of Marriage for you, along with all of the other necessary documents. If that becomes too expensive, you can get a good book on all of these subjects by going to a major bookstore, and buy a book on Divorce from their legal section.

Most of these books are by the numbers, and answer most all questions. The only drawback to this is sometimes, you may not understand a certain instruction, and making a mistake can wind you up back to square one.

So, in closing, I wish you good luck and I do hope your next lady appreciates and understand who you were, and what you aren't.

IAAL
 
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heartbrokeinNY

Guest
OK I called a lawyer, I looked up paralegal service and it brought me to the lawyer section. The cheapest I got was $50 consult, $350 for the settlement agreement, and $950 for an uncontested divorce. Is this the only way or can we draw it up ourselves?

Sorry to keep bothering you.
 

I AM ALWAYS LIABLE

Senior Member
heartbrokeinNY said:
OK I called a lawyer, I looked up paralegal service and it brought me to the lawyer section. The cheapest I got was $50 consult, $350 for the settlement agreement, and $950 for an uncontested divorce. Is this the only way or can we draw it up ourselves?

Sorry to keep bothering you.
My response:

You really should have this done properly, and professionally. This is because it's going to be guiding the two of you for a long time.

Actually, those prices are cheap. You should see what I charge for the same thing.

Good luck.

IAAL
 
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heartbrokeinNY

Guest
Sorry to bother you. We have decided that it would be easiest if we live together until I can get a transfer to a difierent ficility (3-4 months). It is definately over between us. From what I understand we can't file for seperation while we reside together...right? If that is the case, can we make a written agreement concerning the issues we have agreed to? I know we can, but what I mean is if we sign it and get it notarized, will it hold water if one of us should change our mind down the road. Please reply.
 
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heartbrokeinNY

Guest
Ok, I didn't hear from you so we went and made a written agreement. My soon to be ex has been in a mood lately and I really wanted to get everything in writing. This agreement includes a living arraingment, property division, vehicles, debt, credit cards, and alimony/maintenance issues. We signed this in front of a notary public. We still plan on seeking a lawyer, but will this agreement be valid throughout this process?
 
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heartbrokeinNY

Guest
well the bitch came clean (excuse the language). she finally told me she is leaving me to pursue a relationship with someone else. We have put everything in writing and we agree on everything. now I know why she was so willing to sign everything. now that we have signed these agreement (some notarized), can she screw me in the long run or is it final. I called a couple of local lawyers prior to knowing the real reason she was leaving me. When we go for the divorce, does everything stay the same in regards to our agreement on maintenance and property division set forth in our seperation agreement? Please reply.
 

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