QUESTION
After a couple of months of many, many lies, cheating behind my back and
Asked on Jan 30th, 2013 on Divorce - New York
More details to this question:
my finding records of numerous phone calls from our cell, finding her name and address, casing the home and a neighbor recognizing my car as his as well, that is always in her driveway, told the other woman about me driving that car and watching her home. So she (the other woman) now has found out about me and that he is married. She confronted him and he has come clean to us both and has asked me for a divorce so he does not lose her. Now he is openly leaving our home and spending every day and night he is not busy with her, returning home between 12:00 am. ¿ 2:00 am. He admitted to purchasing Viagra, as I found a $79 charge at CVS on our charge card, which he is not using with me. Is circumstantial evidence, pictures of our car in her driveway on multiple occasions? And they go dancing a great deal. Is slow dancing a sign of circumstantial evidence? After 46 yrs of marriage, (devastating me) he has asked for the divorce and wants to use one lawyer as long as we can agree on what's fair. Can this still work in my favor and best interest? We are currently at our Fla. residence where the affair is taking place. We have dual residency in Fla. & NY, but our NY resident is our legal residence. Am I right in thinking that I would get a better settlement with a NY Divorce. We will be return to NY in April, he wants to put the house up for sale and get a divorce upon our return, but he will only be in NY for two weeks or less, just time enough to see a few doctors (he expects that to be less than two weeks) for annual checkups and then he's flying back down to Fla. to play with his lady again.
2 ANSWERS
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Generally, it sounds like you have assets that must be divided and maybe even pension issues and alimony (New York term for alimony is maintenance). If you do use "one lawyer" you will need to have the agreement reviewed by a lawyer who represents strictly your interests. Typically, lawyers cannot represent both parties in a divorce because of a conflict of interest.
Sometimes the fast way is not the best way.
It is always hard for me to tell people that the adultery may not translate into any significant result in the divorce. In New York, the adultery will not necessarily translate into a bigger economic award. Proving adultery as grounds is also extremely difficult. Add to that the new(ish) "No Fault" grounds law and that most courts will generally grant a "No Fault" divorce over having a grounds trial and you may end up with a "No Fault" divorce.
Certainly, though, you could use the adultery as leverage. He may want to end the marriage quickly and you may be able to get him to consent to an adultery divorce in exchange for cooperating. You will need to insure that you have financial resources, medical coverage, and your fair share of the assets that you have built during the marriage.
You may want to consult with lawyers in New York and in Florida to see generally how the laws differ and what seems most favorable to you.
Best Regards,
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.RichardsonLegalPLLC.com
Tel: 212-537-6744
Fax: 212-574-3337
Answered on Jan 31st, 2013 at 3:34 PM
You're worrying about evidence when you don't really need any. A divorce on the grounds of the marriage being irretrievably broken is obtained by a single affidavit by either party swearing that the marriage has broken down, the breakdown has lasted for more than six months, and that it is irretrievable.
Answered on Jan 31st, 2013 at 3:19 PM