Divorce in NYS?

Yall

Hi,

Wife an I are considering getting a divorce.

We are in NY which requires that we live seperate for a year. That or I cheat on her with a thrd party and we all testify that it happened, or I abuse her. No "we just don't like each other anymore" way out (yeah - NYS is fucked up).

Anyway, does anyone with knowledge of NYS law know if she will get spousal support if she doesn't want it? Right now, neither of us want anything from the other party, including assets, money, etc.

I'm just wondering if because of our vast difference in salary, if the court can mandate I give her support, even if she doesn't want it.

Bowen

I don't see why they would force someone to take money if they expressly admitted, signed, and proofed they didn't want it.

Six

Talk to your divorce attorney.

Bowen

Also have you guys fought? Name calling or shouting is grounds of cruel and unusual punishment for a divorce in NYS, supposedly. Sort of a mimic to the "irreconcilable differences" from other states.

Thanatos

If the two of you get together and sign a divorce agreement, you'll barely spend any time in front of a judge. If she doesn't want spousal support--unless the judge finds that she's not acting in her own best interests in some way (like, she's mentally incompetent or something)--she'd not going to get it.

KeyScourge

I'm not sure to be honest but it would a bit weird that the divorce court would order her to take money from you even if she doesn't want to.

Still be lucky you're having a mutual divorce rather than having her kick you out and take everything you've got so you have to sell blood and sperm to make hideously-overinflated alamony payments

Bowen

Unfortunately divorce in NYS doesn't just let you show up and sign some papers, there has to be negative reasons for it. Like abuse, abandonment (but only after a year), malcontent, someone going to jail for more than 3 years, etc.

Yall

Thanks. You guys can close the thread.

Sarcastro

The support thing is required if there are children. With no kids, provided both of yourare working, there is no real need for spousal support.

cooljammer00

Wow, NYS is weird. I live here and didn't even know that's how this sort of stuff went down.

Daedalus

cooljammer00 wrote: »

Wow, NYS is weird. I live here and didn't even know that's how this sort of stuff went down.

Yeah, it's pretty screwed up. My mother's in the divorce lawyering business. Apparently the legal bullshit around dividing up someone's pension is so screwy that most divorce lawyers will bring in a specialist or something.