My ex and I are still legally married. We have been separated since February. We have custody finalized and having a support case pending trial, due to him not agreeing with paying the full amount of support. I was told I cannot file for uncontested divorce until there was a finalized court order. I do however have a custody order and a finalized support order, we are just pending trial for a modification. I am having issues with him paying a car note for the loan being solely in my name. He is also still on my phone plan, which I am trying to separate as well, but he won't pay his half the bill before I can release his phone from my plan. Is there anything I can do as far as repossessing the phone? And I believe he is trying to sell the jeep under the table...can he do this? I'm stuck and not sure where I can go or what my options are. He has been controlling and abusive, which has made it extremely hard to cut financial ties and move forward. He wants it on his terms.
Whoever told you that you cannot file for divorce NOW is 100%, totally wrong. It sounds as if you are in the local Family Court now & awaiting trial on the child support issue, but there is absolutely no impediment to filing for divorce now.
NOW if you are expecting your spouse to sign a divorce agreement in the very near future, I would not expect that since the issues of child support & the issue of 'Equitable Distribution' (the payment of the car note, the phone plan, etc.) are not resolved yet. But if you want to stop him from selling the Jeep OR any other marital asset, you need to file for divorce now AND have him served properly, using a process server OR any adult who is 18 years or older.
If you continue to have doubts, go to the local NYS Supreme Court that is in your county & ask for the pro se desk. ASK for a document called the 'Notice of Automatic Orders' & ask the Clerk what purpose it serves. What it does is it serves to command BOTH spouses to not do anything to incur additional (new) debt, NOT to sell or cause any marital asset or cause any marital asset to diminish in value.
Best of success to you & the future of your case!
Your question poses many issues. It is unclear whether an action for divorce has been commenced. If it has not, you can file an action and resolve all of the outstanding issues, subject to any family court orders of support and/or custody. I would suggest you consult with a family law attorney.
Yes you can file for divorce, however the court will not grant the divorce until there is either an agreement on all major issues or there has been a trial and the court has decided the remaining issues. The idea is that they don't grant the divorce until there is a resolution whether by agreement or by court order. This is because many years ago people would want to be divorced and remarry without having resolved the issues of custody or child support or property. Now everything needs to be determined or no final divorce decree.
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