Hostage in New York

[twojules]

What is the name of your state? New York
I filed for divorce in May 2001. After 3 1/2 yrs. of litagation and almost 4 days of trial my case was dismissed. Judge said I didnt prove my case. (I got married in 1988.) Burden of proof is higher the longer you have been married. I filed for custody of our 2 children in Aug 2004 same day my divorce was dismissed. 13 months later I was awarded sole custody of our 2 children now 13 & 17. Problem how can I possibly get a divorce? My husband will not sign a seperation agreement. I met a wonderful man 6 months after filing for divorce and we are still together. We actually have been living together for almost 2 years now with my kids. He participated in my custody eval and the trial. We cant move or get married until both kids are of age. I have not lived with my husband since April of 2001. That is when I moved out with our kids and filed for divorce. My husband has grounds for divorce by law I am commiting adultry and I abandoned him. Any ideas?? Please help there has to be a way to be free from him. How can a state make anyone stay married to someone? The legal ramifacations of being legally married to someone are enormous. I am responsible for he as he is me and we dont have anything to do with eachother.

 

[rmet4nzkx]

Very simple, either get his permission to move out of state or give him custody of the children, move to a no fault state, wait to become a resident, divorce him there.

 

[stealth2]

LOL NY is a fault state and actually can deny a petition for divorce if you don't prove your case. In the case of adultery, YOU can't bring that as the cause since you're the one who cheated - only your husband can. And if he doesn't want to get divorced, guess what? You're not gettign divorced in NYS!

And no, you cannot get remarried after both kids are of age - you MUST be divorced legally first.

So do as rmet suggested.

 

[twojules]

Giving up my kids is not an option. There is a reason I was awarded sole custody. So it looks as if I will just have to wait until they are of age so I can move to another state and file there.

 

[stealth2]

Well, there ya go.

 

[rmet4nzkx]

See I told you it was easy, now you will have to wait until the youngest is 21 because that is when dad will no longer be obligated to pay child support.

 

[nextwife]

You can also have your guy move to you until your kids have emancipated or aged out of CS. But you still can't marry him!

 

[Bali Hai]

You can also have your guy move to you until your kids have emancipated or aged out of CS. But you still can't marry him!

Hell, the guy won't want her by then.

 

[twojules]

Actually, we have lived together for the last two years as I stated in my inital post. So to your remark he wont want me by then, you really dont have a clue!! He is more standing by me, we are planning on moving as soon as I am able then I will file and then we will marry.

 

[Bali Hai]

Actually, we have lived together for the last two years as I stated in my inital post. So to your remark he wont want me by then, you really dont have a clue!! He is more standing by me, we are planning on moving as soon as I am able then I will file and then we will marry.

Could be a verse from "Delta Dawn".