New York separation laws

[whisprinsea]

I live in New York and have consulted with an attorney for a separation from my husband. A letter was sent to him stating that I wanted a separation because of emotional and sexual abuse. He has ignored the letter and will not respond in any way. In other words, he will not cooperate. If the court decides my case is weak...what are my options? Just how does a person in New York get a separation and consequently a divorce when the spouse does not respond...or denies that there is a problem in the marriage?

 

[LegalBeagle]

I live in New York and have consulted with an attorney for a separation from my husband. A letter was sent to him stating that I wanted a separation because of emotional and sexual abuse. He has ignored the letter and will not respond in any way. In other words, he will not cooperate. If the court decides my case is weak...what are my options? Just how does a person in New York get a separation and consequently a divorce when the spouse does not respond...or denies that there is a problem in the marriage?

You draw up a legal seperation, file it into the system and have him served.. you live apart for 1 year and then file for divorce... whether he likes it or not, you can divorce without his cooperation.

 

[whisprinsea]

NY separation

Don't I need a judge to accept the separation agreement before it can be filed? What if the court thinks my case isn't strong enough to go ahead with the filing? Do I have to come up with proof..such as witnesses ?

 

[LegalBeagle]

Re: NY separation

Don't I need a judge to accept the separation agreement before it can be filed? What if the court thinks my case isn't strong enough to go ahead with the filing? Do I have to come up with proof..such as witnesses ?

Just as a matter of interest.. why are you not asking your attorney this ?? Is this day and age, you do not need concret reasons for divorce. Just state that you have grown apart, that he is a lazy SOB etc etc...