How long do I need to wait before a divorce is final in New York?: I have been separated from my husband for over a year now - no separation agreement. He has been living in the house, and I have been living with my family. What needs to be done to get divorced.,...do we still need to wait the year with a legal separation agreement before filing or is it faster?
David's answer: No, you no longer have to wait. The new no-fault divorce law, which became effective last week, allows you to get divorced if your marriage has not been working for the last 6 months. Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail. THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.
In separation (not legal), are both parties responsible for utilities/bills if it is in only one parties name?: My husband and are are separated, but not legally. If I transfer cable, gas and electric bills, in his name,if he is late on payments will I be held responsible? Could it possibly show up on my credit report or effect my credit in anyway? In addition, he has a credit card (before we got married) solely in his name. Again, will I be responsible to pay or will it show up on my credit report if he is late on payments?
David's answer: These types of issues can be dealt with in a legal separation. A separation agreement would make you and your spouse's rights and responsibilities concrete. You may want to look into getting a legal separation drafted by an attorney. Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail. THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.
After the 20 days to respond and there is no response, is the divorce settled in my favor: After being served and there is not legal response from him, do I get the divorce no matter what?
David's answer: No you have to wait 40 days after the Defendant has been properly served and then file for the default. THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.