Samantha1971
New Member
I plan on leaving my husband after 9 years of marriage. We have both spoken about divorce before and he stated that if we ever were to divorce, he would like to go through mediation since we would most probably agree with the terms and we have no kids and it will be cheaper. However, I have some questions. Please help. I don't know how to proceed..
1. If I leave the marital property without a seperation agreement from an attorney, is that abandonment? Or can he suddenly change his mind and say I abandoned him and our property after I leave? Even if he agrees I leave. It's easier for me to leave because I can stay with my parents until the house is sold and they live closer to my job than where my marital property is. Does abandonment mean that I will not get the money for my house if I leave it and it's sold? I want to make sure I get my money for the home.
2. If I leave the marital property, I believe I am still responsible for paying half the mortgage. (the home is in both our names) Is this so? Also, what about the utilities? Am I responsible for paying any of those? Phone bills, ect.. if I am not there?
3. Can I get a seperation agreement between the both of us by not using an attorney if we both write it out on paper and get it notarized? Would that hold?
4. There is not a "no fault" grounds in NY for divorce. It's really no-one's fault. How the heck are we gonig to get a divorce if it's really both our faults and we can't live together anymore?
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Please help. I am desperate. I plan on leaving this weekend because we just don't get a long anymore.
1. If I leave the marital property without a seperation agreement from an attorney, is that abandonment? Or can he suddenly change his mind and say I abandoned him and our property after I leave? Even if he agrees I leave. It's easier for me to leave because I can stay with my parents until the house is sold and they live closer to my job than where my marital property is. Does abandonment mean that I will not get the money for my house if I leave it and it's sold? I want to make sure I get my money for the home.
2. If I leave the marital property, I believe I am still responsible for paying half the mortgage. (the home is in both our names) Is this so? Also, what about the utilities? Am I responsible for paying any of those? Phone bills, ect.. if I am not there?
3. Can I get a seperation agreement between the both of us by not using an attorney if we both write it out on paper and get it notarized? Would that hold?
4. There is not a "no fault" grounds in NY for divorce. It's really no-one's fault. How the heck are we gonig to get a divorce if it's really both our faults and we can't live together anymore?
\
Please help. I am desperate. I plan on leaving this weekend because we just don't get a long anymore.