Question #100

Under NY Law, there is now a provision that allows a spouse to file for divorce after six months of marriage based on irreconcilable differences.
However, you must be served in person with a Summons and Complaint; regular mail will not suffice. The court may accept email, but only after providing the court with proof that
An effort to locate you and serve you in person has been seriously attempted.

You may be eligible for some spousal support, depending on your financial situation and his.

I suggest you tell him you want to mediate this divorce in NY, and want spousal support
And your share of any marital property that exists.

Remember that all money earned and assets acquired during the marriage, are Marital Property and are to be shared equally,
No matter in whose name the property is held.

Please contact me at 212-370-1660 to discuss mediating your divorce.

Leonard Weiner, Esq. Divorce Solutions

Question #211

New York State now has a so called “No-Fault “ provision in which irreconciable differences are sufficient grounds to file for divorce.
If you do not have any income of your own the court will make your husband pay for your attorney .
Since you are ill and have a marriage of long duration, the court would most likely grant you significant spousal support.

If you are living in the NYC metro area, I strongly suggest you call me at 212-370-1660 to discuss mediating your divorce which will be cheaper , faster and less expensive.

Leonard Weiner, Esq./Divorce Solutions

Question #213

DO not listen to such people! Your getting spousal support will depend on you and your spouse’s income status,
whether you are capable of earning on your own (i.e. work experience and training, etc.), standard of living while you were married,

Leonaed Weiner, Esq./Divorce Solutions

Question #215

You need to change lawyers! You need an attorney experienced in matrimonial matters who can assist you.
What his spouse is asking for does not sound unreasonable, but I do not have all the relevant facts to offer a serious opinion.
Life style, disparity in incomes, needs of the child, etc. are all relevant issues. Also, it is important that the agreement between the parties is written by an experienced attorney to limit your friend’s exposure, like specifying that the child only attend a State run university where the tuition is more reasonable, or setting a maximum amount for all items such as tuition, housing, extracurricilar activities per year,etc. to make sure he is not overwhelmed with bills.

I can help if they need an attorney to work out the deal and draft the agreement.

Leonard Weiner, Esq./Divorce Solutions

Question #218

Your attorney should have filed in Family Court for maintenance and support , which would provide support for you and your child. In order to determine how much your spouse should provide, he will have to produce a sworn net worth statement and past tax returns. You will also have to provide a sworn net worth statement indicating your income and your expenses, after which the judge will decide the appropriate amount of maintenance and support.

You should not be leaving this to the discretion of your spouse’s attorney. Perhaps you are right and you should seek more experienced, matrimonial counsel to represent you. If your spouse is named on the title of the property and you are paying the mortgage, you are in fact , providing him with a gift of 50 percent of everything you are paying.

Do not sit idly by and allow yourself to go into bankruptcy and forfeit your property. You must act now , and have your attorney file the necessary motion for maintenance and support immediately.

Leonard M. Weiner, Esq./Divorce Solutions

Question #219

If your friend is living in New York for two years or more she can file in New York. The fact that she left him to go back to New York , will not affect the cruel and human treatment grounds. With regard to who is entitled to alimony , a more detailed understanding of the incomes and lifestyle of the parties will be necessary to make a determination regarding how the court may rule.

If she is living in the New York City metropolitan area , please have her call me at 212-370-1660 to arrange for a meeting to discuss mediating the divorce. It is possible to mediate the divorce even if her spouse is not present in New York, as long as he is cooperative in the process. By mediating the divorce, they will not have to make any court appearances , or spend hours sitting around the courtroom corridors waiting for their 10 minutes before the judge.

Leonard M. Weiner, Esq./Divorce Solutions

Question #221

There are two basic issues here.

1. The division of marital assets and whether the house is considered a marital asset.

2. Whether you are entitled to spousal support.

In order to properly answer these questions I would have to examine the prenuptial agreement that you signed , and to find out more details about the circumstances around which you were asked to sign this prenuptial agreement. It is also important to ascertain how title to the property is held and whether you can document the actual contributions you made to the house and the mortgage.

With regard to the second question of spousal support, if there is a major discrepancy between your income and his, and the standard of living that you have maintained as a family cannot be supported on your income, you will most likely be granted some spousal support for a period of time.

If you are living in the New York City metropolitan area , I strongly suggest that you call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #223

You can sue him for divorce in NY and he will be required to complete a sworn affidavit
outlining all of his assets and liabilities.
If you cannot afford to pay for an attorney, the court will make him pay for your attorney
as well.
In a marriage of 11 years, you should be entitiled to some spousal support to allow you to get
on your feet.

I strongly suggest you consider mediation. If you are living in the NYC metro area, please call me
to arrange for an appointment to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #228

Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should you suffer or allow yourself to be physically abused. If he has been supporting the family, the court will force him to provide you with child support and spousal support in order for you to pay your bills. Do not listen to what he’s telling you regarding his not paying any alimony. If the house is marital property, which means it was purchased in the course of the marriage with funds earned during the course of the marriage, and not a gift or inheritance, purchase would money he had prior to the marriage, you should have approximately a 50% share in such property, regardless of in whose name the property is legally held.
If you are living in the New York City metropolitan area please call me at 212-370-1660 about mediating your divorce.

Leonard M. Weiner, Esq. /Divorce Solutions

Question #229

If he was supporting you during the course of the marriage, you can sue him for spousal support.
If you wish to get a divorce you can sue him based on abandonment and for spousal support.

Leonard M. Weiner, Esq. / Divorce Solutions