Divorce

[beclyn22]

I have a legal separation and I wish to convert it to a divorce. I am engaged to be married in less than 6 months and I need the divorce finalized asap. I live in NY state and I would like to know if "bifurcation" is allowed here. I have some custody issues that will take a while to resolve and I want the the divorce granted first. Is this possible and I do I go about doing this if I am filing for the divorce without an attorney?

 

[I AM ALWAYS LIABLE]

I have a legal separation and I wish to convert it to a divorce. I am engaged to be married in less than 6 months and I need the divorce finalized asap. I live in NY state and I would like to know if "bifurcation" is allowed here. I have some custody issues that will take a while to resolve and I want the the divorce granted first. Is this possible and I do I go about doing this if I am filing for the divorce without an attorney?

My response:

Bifurcation of an action for divorce is permitted. Lazarus v. Lazarus, 240 AD2d 544 (2d Dept. 1997).

I have no idea how you would go about doing this yourself, because I have no idea what your legal background, training and education are.

Good luck to you.

IAAL

 

[beclyn22]

I have no legal background. I am filing for the divorce my self because I cannot afford an attorney. I have all the documents I need from the court but I'm not sure how to handle the child custody parts. Right now the children are in his home but we have joint custody. I want to change their residency to my home but I realize this will take a while. I need the divorce final asap as I am getting married in June of this year! Once again, we are in NY.

 

[lildevil719]

you're counting your chickens before they're hatched. It's a good thing that you have a legal separation, but you might want to wait on the new wedding until after your divorce is final. You really should not be setting a date, or even considering another marriage until your last one is legally dissolved. This might cause problems for you with the custody issues, as well...just a thought

 

[beclyn22]

I have been separated for 4 years, and been with my fiancee for 1 1/2. This is a divorce wanted by both myself and my husband. He is not going to contest it. Basically, it is going to be a conversion divorce, nothing has really changed since the separation agreement has been signed. I don't feel that, nor do the attorney's that I have talked to, getting remarried will affect my custody battle. In fact, it will show stability in my home life. Thanks anyway!

 

[lildevil719]

well, if it's going to be uncontested, have you considered mediation? that might speed things up a little bit...

 

[beclyn22]

We went o mediation for our custody dispute before, I wasn't sure they could do anything for the divorce. I'm assuming we would have to pay them legal fees? Tell me more!

 

[lildevil719]

not sure exactly how mediation works. I do know that they can help with the divorce. you will have to pay them, but it would be a heck of a lot less than you'd pay a lawyer, and it makes both you and your ex look good, going for conflict resolution, rather than going straight to court...plus, it'll shorten the time that you do have to deal with court, as you'll already have the issues agreed upon. That's if you even have to go to court. My friend got divorced, and they used mediation, and they didn't even have to go to court, cause they resolved everything there, so all they had to do was file the paperwork. Not sure if that's how that works there, tho...Also, you might check down at your courthouse and see if they hold a class for people who are getting divorced and filing the paperwork themselves...I know they have on here, cause it's required if you're not using a lawyer, so there's another idea. Good luck!