Can my husband divorce me through no fault without my agreeing or signing any papers r agreeing to any terms ie custody, alimony etc?
Answer
New York has finally come into the 21st Century by enacting the relatively new irretrievably broken ground for divorce. The marriage has to be irretrievably broken for at least six months and unable to be repaired. The person who doesn't want the divorce can string out the process by denying the allegation that the marriage is irretrievably broken and unable to be repaired.
In his divorce petition the husband can ask for ancillary relief such as custody, visitation, support, and division of marital assets. The divorce cannot be granted until such matters are resolved. These matters can be resolved by agreement between the spouses or at trial.
If you are concerned about the matter, the best thing to do is to schedule a consultation with an attorney.
PAULA J. MCGILL
1225 Franklin Avenue
Suite 325
Garden City, NY 11530
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(516)491-4610
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