Which to do first in complicated (no children) situation (NY)

[reikiman]

My friend is married in New York, but wants a divorce, and has a complicated set of issues, she doesn't know which to do first.

She was born in another country (in Europe) and moved to the USA about 30 years ago, eventually becoming a US Citizen. She has a couple pieces of property in the country - an apartment from before the marriage - another afterward and a piece of land afterward. There is other property to finish the process of inheritance.

That property is item #1 - straighten out some details including finalizing the inheritance.

Item #2 is divorce from her husband. She's been living apart from him for many years. The marriage was very rough, and basically she had to escape.

Item #3 is various financial things. This includes filing taxes (she earned $0 for several years and did not file taxes), getting her IRA straightened out, etc.

Item #4 is reestablishing an ID card in the USA. While she's continued living in the USA, she was kind of hiding from her husband, didn't want to have record of her whereabouts, and didn't have all the paperwork lined up in order to establish an ID card in a new location ....

Maybe the preferred sequence of events is -- #4 then #2/#3 simultaneously then #1 ... but the folks involved with #1 are anxious for that to finish.

Who am I? Some days I feel like a complete idiot.

 

[Just Blue]

My friend is married in New York, but wants a divorce, and has a complicated set of issues, she doesn't know which to do first.

She was born in another country (in Europe) and moved to the USA about 30 years ago, eventually becoming a US Citizen. She has a couple pieces of property in the country - an apartment from before the marriage - another afterward and a piece of land afterward. There is other property to finish the process of inheritance.

That property is item #1 - straighten out some details including finalizing the inheritance.

Item #2 is divorce from her husband. She's been living apart from him for many years. The marriage was very rough, and basically she had to escape.

Item #3 is various financial things. This includes filing taxes (she earned $0 for several years and did not file taxes), getting her IRA straightened out, etc.

Item #4 is reestablishing an ID card in the USA. While she's continued living in the USA, she was kind of hiding from her husband, didn't want to have record of her whereabouts, and didn't have all the paperwork lined up in order to establish an ID card in a new location ....

Maybe the preferred sequence of events is -- #4 then #2/#3 simultaneously then #1 ... but the folks involved with #1 are anxious for that to finish.

Who am I? Some days I feel like a complete idiot.

She needs to hire an attorney. Or she could join and ask her own questions.

 

[LdiJ]

My friend is married in New York, but wants a divorce, and has a complicated set of issues, she doesn't know which to do first.

She was born in another country (in Europe) and moved to the USA about 30 years ago, eventually becoming a US Citizen. She has a couple pieces of property in the country - an apartment from before the marriage - another afterward and a piece of land afterward. There is other property to finish the process of inheritance.

That property is item #1 - straighten out some details including finalizing the inheritance.

Item #2 is divorce from her husband. She's been living apart from him for many years. The marriage was very rough, and basically she had to escape.

Item #3 is various financial things. This includes filing taxes (she earned $0 for several years and did not file taxes), getting her IRA straightened out, etc.

Item #4 is reestablishing an ID card in the USA. While she's continued living in the USA, she was kind of hiding from her husband, didn't want to have record of her whereabouts, and didn't have all the paperwork lined up in order to establish an ID card in a new location ....

Maybe the preferred sequence of events is -- #4 then #2/#3 simultaneously then #1 ... but the folks involved with #1 are anxious for that to finish.

Who am I? Some days I feel like a complete idiot.

She should go ahead and finish her inheritance. An inheritance is separate property anyway so it would be irrelevant to the other items.

 

[zddoodah]

There is other property to finish the process of inheritance.

In other words, someone died and left property to your friend, but it's still in the probate process (or whatever that process is called in the unnamed foreign country). Correct?

Maybe the preferred sequence of events is -- #4 then #2/#3 simultaneously then #1 ... but the folks involved with #1 are anxious for that to finish.

Not sure the sequence of events matters at all. Your friend should consult with a local divorce attorney.

An inheritance is separate property anyway so it would be irrelevant to the other items.

While it is true that property inherited is not marital property subject to division, the extent of each spouse's non-marital property is relevant to the equitable division of marital property.

 

[LdiJ]

In other words, someone died and left property to your friend, but it's still in the probate process (or whatever that process is called in the unnamed foreign country). Correct?



Not sure the sequence of events matters at all. Your friend should consult with a local divorce attorney.



While it is true that property inherited is not marital property subject to division, the extent of each spouse's non-marital property is relevant to the equitable division of marital property.

I agree that the OP's friend needs to consult a local divorce attorney. However, she has been separated from her husband for "many years" so the issue of marital property is likely somewhat moot. In fact, since it appears that she has been somewhat hiding from her husband it's possible that the issue of divorce is moot as well. He very well could have divorced her years ago...having served her via publication.