Legal Question in Family Law in New York
my boyfriend and I have been living together for 4 years he is still legally married to his wife that has lived in another state for 5 years and they have not been together for 10 years he sends her 4000.00 a month my question is is there any way to get alegal seperation based on these conditions if she is not allowing it?
2 Answers from Attorneys
Why doesn't he just file for a divorce?
They have been separated long enough for a divorce.
Of course his wife will argue that he has committed adultery.
Patricia Martin-Gibbons
Ms. Martin-Gibbons is absolutely correct. You may file for a divorce or legal separation, but there does not appear to be any reason for him to want anything less than a divorce.
His wife would be entitled to argue adultery as a counterclaim, but then again, she may not even fight the divorce.
In any case, for all possible scenarios, you / your boyfriend should consult with an attorney prior to the filing of any action.
I see that you are in the Ronkonkoma area. If you would like to speak about your situation or set up a free consultation in our Smithtown office, feel free to call my office at 631-724-5251.
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