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Yes, that would be true if you are not requesting a new settlement (which I am).

The matter of the health insurance (staying on H's insurance while separated or him paying out of pocket divorced) is the issue.

I know he would like to stay separated longer due to this huge expense he will have to take on but I (almost) have completed the legal one year mark.

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That's really awful that he's behind on the spousal payments, I'm so sorry to hear it because I'm sure with everything else going on financially this is the last thing you needed. Just pathetic and not all that surprising given everything else he's done so far. Just a complete and utter disregard for the laws and responsibility and I can't believe people can get away with this!

Goodluck with the attorney selection and have fun this weekend.


Me: 35|WAW: 38|D: 6yo | http://tinyurl.com/2dxx7m6
Feb 2006, left, came back in two weeks
Aug 2006, left again
Apr 2007, filed for divorce
Dec 2007, reunited
Mar 2010, moved out, filed again
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Gotcha. Thanks!

Also, even if you get a signed separation agreement, can you still sue for divorce during that first year, if something happens that causes you to not want to be married anymore? Or does signing a separation agreement remove your option to file for divorce?

Last edited by futureunknown; 09/01/10 09:26 PM.
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If you have a legal binding separation agreement you are required to wait one year before you can file for divorce. There is nothing allowable by law that would let you file any sooner than one year.

Speak of the devil - D just e-mailed me to tell me he is in no rush to finalize anything (again) and he is very sad I won't communicate with him anymore. About every two weeks I get a message like this. And he also told me he hopes I am happy. Well, not thrilled with all this money BS! He is a real piece of work.

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Hi CityGirl,

Does that rule apply in all states?

Thanks and hang in there~


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I live in NY and that is the law in my state.

Divorce laws differ by state.

In NY you can divorce right away (by fault, for now) or you can separate legally (same process as a divorce) for one year.

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I don't think any two states are the same!

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CityGirl - stopped by to read about your situation and must say, it's a doozy! I can't believe everything this man has put you through! I can just imagine how much worse it would be if you had kids --

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From Antonia's Thread in Infidelity Forum:

Originally Posted By: CityGirl

It's the same BS - two months ago he was texting me on our 11 yr. wedding anniversary, texting me from a concert he was at WITH OW, asking me if he could come to dinner. When none of that worked he got nasty again and now he is back to being nice. I have ZERO contact with him until recently but as per my attnys advice and how certain legal agreements were structured it's wise I don't block him totally. He gives me too much gold in writing.


So let me make sure I understand this:

You got a sizable separation settlement because of all the nasty stuff D wrote about him and the GF via email, and yet he CONTINUES to do this, knowing you're going back to court for divorce?

What an idiot!

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Originally Posted By: CityGirl
D just e-mailed me to tell me he is in no rush to finalize anything (again) and he is very sad I won't communicate with him anymore. About every two weeks I get a message like this. And he also told me he hopes I am happy. Well, not thrilled with all this money BS! He is a real piece of work.


I love the "and he also hopes I'm happy." Seriously. Something is wrong with these people. It's like, "Hey, I threw away our M, and I hope you're happy. smile." How rude.

I think he still pulls that ecause he's not completely sold on OW and he realizes he did make a mistake and, at minimum, that he hurt you. Grr. Sorry to hear of all the legal issues, CG. So when will you be filing definitely?

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