Comments on: Do I Have to Be Separated for One Year to Get a Divorce? http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/ Wed, 25 Jan 2012 17:22:01 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Susan http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-750 Susan Wed, 06 Jul 2011 00:42:12 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-750 I have been separated for 2 years, so mine is cut and dry, no fault. However, 5 years ago, my boyfriends wife, put him out of his home, and a week before he left, she moved another man in. She told him that she didn't love him, and was in love with this other man. He doesn't want anything from the marriage, has even given her the home. He just wants out. She refuses to even discuss divorce, as she feels he should take care of her for life. Now, her boyfriend does not work, and she is on disability. What can he do to get out of this marriage, without a fight. Again he wants nothing, except to put his car in his name. it is currently in hers. I have been separated for 2 years, so mine is cut and dry, no fault. However, 5 years ago, my boyfriends wife, put him out of his home, and a week before he left, she moved another man in. She told him that she didn’t love him, and was in love with this other man. He doesn’t want anything from the marriage, has even given her the home. He just wants out. She refuses to even discuss divorce, as she feels he should take care of her for life. Now, her boyfriend does not work, and she is on disability. What can he do to get out of this marriage, without a fight. Again he wants nothing, except to put his car in his name. it is currently in hers.

]]> By: Schimanya http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-748 Schimanya Thu, 16 Jun 2011 16:30:02 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-748 What options do you have if your spouse won't leave and you can't afford to move out? I also can't afford a private investigator to get proof of adultery. What options do you have if your spouse won’t leave and you can’t afford to move out? I also can’t afford a private investigator to get proof of adultery.

]]> By: Tripp http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-731 Tripp Mon, 25 Apr 2011 19:37:45 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-731 Hi Kait, I wrote a post about the standard of proof for adultery and what you are required to show to get a divorce on adultery grounds. Luckily, x-rated photos or videos are not necessary as the court recognizes the clandestine nature of most affairs. Here is a link to my previous post: http://www.upstatefamilylawblog.com/proof-of-adultery/ Tripp Hi Kait,

I wrote a post about the standard of proof for adultery and what you are required to show to get a divorce on adultery grounds. Luckily, x-rated photos or videos are not necessary as the court recognizes the clandestine nature of most affairs. Here is a link to my previous post:

http://www.upstatefamilylawblog.com/proof-of-adultery/

Tripp

]]> By: kait http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-730 kait Mon, 25 Apr 2011 18:29:02 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-730 what do you really need to prove that your other half cheated to get a separtion or even a divorce? i dont have pictures and he is a liar told me but i kno wont admit it in court. what should i do what do you really need to prove that your other half cheated to get a separtion or even a divorce? i dont have pictures and he is a liar told me but i kno wont admit it in court. what should i do

]]> By: chris http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-551 chris Fri, 10 Dec 2010 18:59:05 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-551 A question on divorce. My wife admitted an affair while out of state in NJ. She continues to have a relationship by text and email. I would like to get divorced due to her adultery. I have photos of some of her texts and she admits the affair. What type of witness do I need to "prove" her affair or or the images enough? Is a local friend who knows our details enough. Thanks chris A question on divorce. My wife admitted an affair while out of state in NJ. She continues to have a relationship by text and email. I would like to get divorced due to her adultery. I have photos of some of her texts and she admits the affair. What type of witness do I need to “prove” her affair or or the images enough? Is a local friend who knows our details enough. Thanks chris

]]> By: Tripp http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-490 Tripp Wed, 17 Nov 2010 22:00:40 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-490 Hi Bryan, Thanks for your question. The 90 day period starts the date of filing. So that means once you file for divorce you will have to wait an additional 90 days before a final hearing can be scheduled. Thanks, Tripp Hi Bryan,
Thanks for your question. The 90 day period starts the date of filing. So that means once you file for divorce you will have to wait an additional 90 days before a final hearing can be scheduled.

Thanks,

Tripp

]]> By: Bryan http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-489 Bryan Wed, 17 Nov 2010 21:38:47 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-489 Hi, I have independent corroboration and proof that my wife committed adultery. She also admits it. We have worked out all terms and intend to go uncontested. We have been living separately for 4 months now, but have yet to file. Does the 90 day waiting period start when we file or did it start when we began living separately? Thanks! Hi, I have independent corroboration and proof that my wife committed adultery. She also admits it. We have worked out all terms and intend to go uncontested. We have been living separately for 4 months now, but have yet to file. Does the 90 day waiting period start when we file or did it start when we began living separately? Thanks!

]]> By: Tripp http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-488 Tripp Mon, 15 Nov 2010 18:40:31 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-488 Hi Natalie, Generally, you must prove that your spouse has a fixed an continuous drinking habit and that this has caused the break up of your marriage. All of the proof you describe would be used along with witness testimony of people who have seen him consistently in his drunken state. I'll try to do a more detailed post on this soon. Tripp This blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any legal advice from this site, you should consult a competent attorney to discuss the specifics of your case. Hi Natalie,

Generally, you must prove that your spouse has a fixed an continuous drinking habit and that this has caused the break up of your marriage. All of the proof you describe would be used along with witness testimony of people who have seen him consistently in his drunken state. I’ll try to do a more detailed post on this soon.

Tripp

This blog is meant to provide general legal information and not specific advice or information for your particular situation. Before relying on any legal advice from this site, you should consult a competent attorney to discuss the specifics of your case.

]]> By: Natalie http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-459 Natalie Thu, 28 Oct 2010 15:58:36 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-459 To get a divorce from my husband on the grounds of habitual drunkenness, what prove to I need to have? He has been arrested for a DUI/ DUS and drinks a lot daily and has been admitted to the hospital for "accidental" overdose. To get a divorce from my husband on the grounds of habitual drunkenness, what prove to I need to have? He has been arrested for a DUI/ DUS and drinks a lot daily and has been admitted to the hospital for “accidental” overdose.

]]> By: Tripp http://www.upstatefamilylawblog.com/do-i-have-to-be-separated-for-one-year-to-get-a-divorce/comment-page-1/#comment-316 Tripp Sat, 11 Sep 2010 01:18:19 +0000 http://www.upstatefamilylawblog.com/?p=44#comment-316 Hi Lucy, Once you file for divorce, you just need to get him served. After that, if he continues to refuse to work through the divorce process many times you can move on without him when he goes into default. As to your other question, neither of you can hold the other to the separation agreement since it was not signed. Thanks, Tripp Hi Lucy,

Once you file for divorce, you just need to get him served. After that, if he continues to refuse to work through the divorce process many times you can move on without him when he goes into default.

As to your other question, neither of you can hold the other to the separation agreement since it was not signed.

Thanks,

Tripp

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