Pulaski, NY Divorce Law Firms & Lawyers

An attorney can file an uncontested divorce action on your behalf, and the laws are the same whether or not you are in the military.  First a separation agreement needs to be negotiated that takes into account any legally required maintenance and child support, depending on the ages of your children. A good agreement will be detailed and will resolve the distribution of all of your joint assets, pension, and real property, and address all aspects of your childrens' lives in which decisions will need to be made, such as education, religion, activities and medical insurance, and leave no loose ends.  The separation agreement will become your divorce agreement when the papers are filed and the judge signs the decree.

Your husband will probably be entitled to little or no share of your house or the joint bank account in your divorce.Since you bought the house before you married, it is not a marital asset. Therefore, he has no claim on it in a divorce, unless he put a very large amount of money into the property, in which case he might claim he has a constructive trust in it.As far as the joint account, if you had already filed for divorce you would've had no right to remove your husband's name, regardless of the fact that only you contribute to it. Your timing was excellent in removing his name now. Although you haven't mentioned it, if you have a job with a pension and your husband (as I suspect) does not, it's very important that you file for divorce as soon as possible to stop his share of your pension from continuing to accrue, keeping in mind that if he does have a pension, the same applies to you. The same applies to spousal support, which is calculated on the length of the marriage, up to the date you file for divorce. The additional caveat to filing as soon as possible is that if his income is significantly lower than yours, you can expect that he will file a motion for pendente lite relief, meaning a court order for spousal support and attorney fees from you, shortly after you file for divorce. Alimony is calculated according to a state mandated formula producing a range for an amount and length of time for spousa support to be paid, based on your joint incomes and length of the marriage. A skilled divorce attorney can often defeat or greatly reduce an award in that situation, depending on the particular case.