Question #76

In order to file for divorce in New York, at least one of you must be a resident of New York for at least one year and the grounds upon which you are divorcing took place in New York, both of you are residents of New York for at least one year, or one of you as a resident of New York for at least two years.
If you would like to discuss mediating your divorce, please call may at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #77

Before you commence a new case in GA, you must be certain that no case was filed in New York. You must have someone search in the county clerk’s office of the borough in which you lived for a file in your name vs. your spouses name filed sometime in 1985. Once you’ve determined that no case was indeed opened, then you have the choice of filing either in the state in which you live presently, assuming you meet the jurisdictional requirements of the state of Georgia, or in New York, where I assume your spouse still presently lives.
If you would like to engage my services, please call me at 212-370-1660 to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #85

If the state of Oregon recognizes the foreign court as having a legitimate right to jurisdiction over the proceedings, then OR should defer the matter to the foreign court since it was filed there prior to the case in OR. You must consult with an experienced matrimonial attorney in your area to determine whether in fact OR will defer jurisdiction under the circumstances.

Leonard M. Weiner, Esq./Divorce Solutions

Question #150

If the grounds for the divorce are based on the executed separation
Agreement, then they will have to wait the full year. It is possible, however, to
file under other grounds which will permit the couple to get divorced immediately,
without waiting the year.

If your friend is living in the NYC metro area, have him call me at 212-370-1660 to arrange for a meeting to discuss this matter and to mediate his divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #88

Generally, the courts in NY recognize decisions made in other jurisdictions, subject to proper notice to all the parties and the fairness and equity which results from the decision. A lot will have to do with the actual jurisdiction in which the decision was made and whether the decision would have been dramatically different had it been made in NY. If the assets of the couple are located in the NY or the children of the marriage are located in NY, the courts will be more apprehensive about accepting a decision of another court.

Such a situation requires the assistance of experienced legal counsel. If you are located in the New York City metropolitan area , I strongly suggest you call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #94

Since your girlfriend is living in New York for over two years, she may file for divorce in New York. Her husband must be served, or at least a serious attempt to find his present whereabouts must be made, before you can proceed with the divorce.

If she is living in the New York City metropolitan area please have her call me at 212-370-1660 to discuss the matter at greater l length.

Leonard M. Weiner, Esq./Capitals Solutions

Question #96

In order for New York to retain jurisdiction in this matter, your legal residence must be in the state of New York. If you move to the other country permanently, you lose your legal status as a New York resident, but if you move there only temporarily, you may maintain your New York resident status.

You can protect yourself by entering into a Separation Agreement in which you and your husband agree to divide the assets as you wish, and, after one year, in the event you still wish to have go through with the divorce process, you may use the Separation Agreement as the grounds upon which you seek a Divorce.

If you’re living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for us to meet to mediate your separation and allow you to proceed without fear.

Leonard M. Weiner, Esq./Divorce Solutions

Question #98

Each state has its own jurisdictional requirements. In New York, for example, the residency requirement for the state of New York to have jurisdiction is anywhere between one and two years, depending on the circumstances. You should check with the courts in California to see what the residency requirement is under California law for California to have jurisdiction over your matrimonial matter. Once you have fulfilled the residency requirement, however, California will have jurisdiction, and you may file in California even though your husband is living in France.

Leonard M. Weiner, Esq./Divorce Solutions

Question #101

Every state has different residency requirements before it will hear a divorce or separation matter. When you move to NY, please call me at 212-370-1660 to discuss the issue at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #102

I do not know what the jurisdictional requirements are in DC, and perhaps five months is sufficient for him to file for divorce, although it seems a little short. To prevent the case from being heard in DC, you should file for divorce first in New York on the grounds of abandonment. New York would have jurisdiction because you lived here for over a year and were married in New York. Once the case is commenced here in New York, he will not be able to file in DC and will have to deal with New York law.

Do not waste time. File first. Call me; I can help.

If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss mediating your divorce. It will save you time and money and lots of aggravation.

Leonard M. Weiner, Esq./Divorce Solution