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Separated 6 yrs. Husb lives in house and has been paying on a modification for 5 yrs. Papers received for new terms. I don't want to sign.

1 Answers. Asked on Jun 17th, 2017 on Divorce - New York
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I want a divorce. How would it affect me if i don't sign and file for divorce. Will bank garnish my salary? My name is primary on mortgage. Should i sign then file for divorce? I live in an apartment and cant be also paying mortgage because he is always defaulting.
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Answered on Jun 19th, 2017 at 5:40 AM

This is complicated and depends on many factors. Do you still have equity in the house? Do you earn more money than he does and would you be paying him spousal support in a divorce? Who's been paying the mortgage and taxes since you left? Ideally you should get your name off the deed and loan and if he wants to stay in the house he should find a new co-signer for the modification. But if you have equity you need to be compensated for your share. Much more information is needed in order to answer your questions.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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