Divorce

[L.Evans]

My wife of 15 years & 2 children moved to NY with the thought of me selling our home & catching up to them. She wanted to be closer to her family and I respected that. Now 2 years later the house here in Hawaii still hasn't sold & she has fallen out of love with me, sob. There has been talk of divorce by her, where I do not want this legal separation to happen. Can she obtain a one sided divorce if she wishes?

 

[usmcfamily]

The courts will not force her to stay married to you if she truly doesn't want to be - so yes, in effect she can obtain a "one sided divorce". As she and the children have been in NY for two years she will be able to file all action there (they are now considered residents of the state)....if you choose to contest the divorce proceedings a hearing will be ordered and you will both be able to state your case for/against the divorce. If it is found that there is a reasonable chance to salvage the marriage the judge MAY order marital counseling, but if she is dead set to obtain the divorce it is unlikely the judge will attempt to dissuade her. My suggestion to you is to be ready to fight for custody/visitation rights to your children -- why would you want to stay married to someone who doesn't want to be married to you anyway?
Good luck and God Bless

 

[I AM ALWAYS LIABLE]

My response:

In addition to the above, be aware that a New York court will have no jurisdiction to make decisions concerning property located in another State.

Your case, insofar as the property is concerned, will have to be transferred to Hawaii to have a court there make additional orders about a division of those assets and liabilities.

IAAL

 

[L.Evans]

Thank you both for your helpful responses. I am in NY for the holidays & discovered it is best to grant her her wishes. We both have lost something once enjoyed due to the long distance relationship. I felt our love was stronger to carry us thru, unforunately she has not.

Visitation is not a problem, there with no animosity. Finances may be stickier although I'm sure we can work thru it.

Question; If she & I can come to an amicable agreement over this situation what time frame is there once filing papers with the courts?

Question; Any layperson reading you could suggest on this subject?

I hope you don't mind me coming back now & then for your helpful advice.

Health & happiness to you,
L.Evans