Can “Abandonment” Be Used as a Reason for No-Fault Divorce in New York?

The State of New York is the only state in the Union that has not adopted strict “no-fault” divorce law.

In New York, there are six reasons or “grounds” for filing a divorce. But only one of these reasons allows the spouses to voluntarily agree to proceed with a no-fault divorce.

The six “grounds” for divorce in New York state are:   

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If a Deed Names Two Persons but Only One is Named on the Mortgage, How is the Property Treated in Separation?

Ownership of real estate is evidenced by a deed.  If two people are listed on the deed as joint owners, each owns an undivided one-half interest in the whole of the property.

Mortgages, on the other hand, are encumbrances placed upon real property by a lender to secure payment of a loan.  A mortgage signed by one person to purchase real property encumbers that person\’s one-half interest in the real property.

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Can We Use a Separation Agreement Created Years Ago to File for Divorce Now?

A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.

However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today. 

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If My Spouse and I are Legally Separated and Ready for Divorce, What is the Next Step?

“Legally separated” can be a misnomer; in many cases, a legal separation and a divorce are the same process. Many people mistakenly call a signed Separation Agreement a “legal separation”, which is not entirely accurate.

If you and your spouse can agree to all of the terms of a Divorce and have no children from the marriage, the Separation Agreement and Divorce filing can be created simply and inexpensively using Standard Legal’s No-Fault Divorce legal forms software. But this option from Standard Legal is only for couples without minor-age children.

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If My Ex-Husband’s Name is On the Mortgage But Not the Deed and He Files Bankruptcy, Can I Lose My House?

It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.

Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure.

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