(Closed) Divorce loophole?

posted 8 years ago in Legal
Post # 3
Member
11325 posts
Sugar Beekeeper
  • Wedding: February 2011

Divorce is a very state-specific thing, and can also be very complicated (especially in unusual situations like yours). I really think this is important enough she should go see another attorney. If she didn’t like the first one, go to a different one. At least to find out what her rights are. 

Post # 4
Member
129 posts
Blushing bee

Divorce laws vary by every state, and when it comes to money, being separated usually isn’t good enough – you need proof of divorce to start dividing up assets.  I’m sorry that the first attorney wasn’t very good, but she should really consult another attorney.  It sounds like it might be a little complicated, and you really need someone who knows the law to help your mom get everything she’s entitled to.

Post # 5
Member
8353 posts
Bumble Beekeeper
  • Wedding: March 2011

I think your mom needs to find a different attorney. She should be able to go to the court house and talk to an advocate for some advice. The laws for divorce a different in every state, so that would be her best bet. She may be able to get a default judgement for divorce for desertion, but she would need to go through an attorney for that to make sure all the “t”s are crossed and all the “i”s are dotted. As far as the annuity is concerned, she may be able to get all or most of it by going through an attorney too. She just needs to find a better one than she has now.

Post # 6
Member
714 posts
Busy bee
  • Wedding: October 2010

@UpstateCait:  Hmmm, I’m no lawyer but it seems to me that if she can show that they’ve been apart for 15 years and there is no hope of reconcilliation, that she could get a divorce granted even without his consent.  I think she (or you) should research state law and/or consult another attorney!  I would also hope a new attorney could help her attach the annunity to pay her for child support owed!

I’m just curious here (forgive me) but why won’t he sign the divorce papers?

Post # 7
Member
1253 posts
Bumble bee
  • Wedding: October 2011

Well, laws differ from state to state, and I live in Canada so it’s probably alot different there. I know of a couple who rather than divorce decided to stay separated. The husband makes ALOT  of money and it would be in his best interest to give his wife alimony instead of half of everything. (he owns his own company) The wife thought that further down the line, they might resolve their issues so it made more sense to her to just separate. Now the husband has a new girlfriend and the wife doesn’t want to sign the divorce papers just to spite him. Would their be an ulterior motive as to why your father doesn’t want to sign the papers? maybe try finding a divorce lawyer who gives a free consultation, to maybe understand all the options available to your mom.

Post # 9
Member
46606 posts
Honey Beekeeper
  • Wedding: November 1999

Re New York divorce:

Your mother does not need your father to respond or sign any papers.

If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.

Key language-

 *When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court. If the divorce is started with a Summons with Notice then the grounds will either have to be proven by plaintiff’s affidavit or by testimony at an inquest if the divorce is uncontested or to be granted by default.*

Because your dad did not respond- she can get her lawyer or another lawyer to proceed.

 

Post # 10
Member
3601 posts
Sugar bee
  • Wedding: January 1992

Ugh, What a shitty situation. I don’t know anything about divorce laws, but there shouldn’t be too many problems with getting the divorce if they’ve been separated that long.

PS, kudos to mom for moving on with her life!

Post # 11
Member
3941 posts
Honey bee
  • Wedding: October 2011

Yah – I’m with @julies1949, I’m pretty sure that while many states differ as to their laws regarding divorce, if one person does not want to be married, legally, there IS a way out of it, even if the other person is not being cooperative. 

Sad that your mom has spent 15 years thinking that she was stuck in this situation when she didn’t have to be! 

Post # 12
Member
235 posts
Helper bee
  • Wedding: December 1969

New York just passed a much more liberal divorce law, which will make it much easier for your mom to get her divorce.  Tell her to get a real lawyer, or check around and see if there is a family law hotline or pro-bono advising office at the courthouse to help her fill out the forms.  

Post # 14
Member
12 posts
Newbee

@UpstateCait:

I volunteer as an individual financial planner at a women’s shelter; controlling/stealing finances is one of the biggest ways exes “control” and “restrict” women after the ex can no longer physically harm them. Exes also use money as a way to show the woman that she is powerless and is too “dumb” or “little” to do anything about it. Your father denying your mother her money is not only breaking the law, it is a form of emotional and psychological abuse, which makes demanding what is rightfully her from your father as emotionally fraught as facing down a man who physically abused her (which your dad may have done as well, I don’t know the whole story).

I would call a local women’s shelter/assistance org and explain the situation and ask for a few referrals. Meet with the lawyer before introducing your mom, so that you can “judge” the attorney without letting the emotions that she’s feeling override your better judgement.

Keeping her out of the process until you find someone that you feel comfortable with and can tell her “mom, this person and I are going to help you fix this” is one of the best things your can do for her.

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