Q: Can we file for divorce online? We have no assets except for 401k. However my husband owes me a lot of money for example tax returns that we never received back due to his non status and most recently he had his car illegally parked without registration racking up a lot of tickets [car was previously registered in my name] my car was towed and I had to pay all the tickets. Will half of the 401k automatically go to him even though he owes me money and does this situation make it more complicated to file online?
Also we have been to court already for child support but not custody. Our two daughters live with me since he only have a studio apartment. My husband has no status bin this country
A: David’s Answer: Only Westchester currently allows for online divorce filings – though a bill has just been signed by the Governor authorizing it to be set-up in other counties (hopefully within the next year or two). That said, your 401k won’t “automatically” go to him as what actually gets divided, generally, are each parties’ respective net worths. Schedule a consult with a NYC Divorce attorney for a full assessment. — David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net.)