Question #1

As you point out in your question, there are numerous and detailed issues to be resolved to separate and get a divorce. These are important and sometimes technical and complex issues, which require experienced, legal assistance. I strongly suggest that you call me at 212-370-1660 to discuss the issues at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #2

If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss your matter at greater length.

Leonard M. Weiner, Esq. Divorce Solutions

Question #4

Your husband should make a motion with the court in which he filed the original suit requesting that the complaint for divorce be withdrawn with prejudice. By doing so, the case will be taken off the court’s calendar and removed entirely. Otherwise, you will still have the case pending in court and will not have finalized your reconciliation.
Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

Question #8

” Acknowledgment” simply means that the document must be signed by a notary and in the form acceptable for filing in the Registry of Deeds.

Leonard M. Weiner, Esq./Divorce Solutions

Question #18

The best bet is to call your local bar association to see if they have a pro bono program for divorce and have such an attorney assist you in seeking the best way to resolve your marital problem. An annulment may or not be available to you despite the short time in which you have been married. (See earlier Answer regarding New York statute and the requirements for annulment in New York.)

Leonard M. Weiner, Esq./Divorce Solutions

Question #26

Many legal requirements are necessary to get a divorce in the State of New York. You need to consult with an attorney-mediator who is experienced and trained in divorce mediation and who is familiar with the specific legal requirements in New York. Numerous issues must be addressed before the court will approve a divorce, some of which you may think you have decided but, in fact, still must consider. I see no discussion up child support, spousal maintenance, or division of marital property. There are statutory requirements regarding child support in the State of New York.
To the extent you have decided together on some issues, the mediation process may be speeded up, saving you money. You should engage a professional attorney-mediator to be sure that what you are deciding is per the statutory requirements.

Leonard M. Weiner, Esq./Divorce Solutions

Question #30

New York State does not presently have a mandatory counseling or mediation requirement for couples who are contemplating divorce. A couple that wishes to get divorced in New York must satisfy one of the fault requirements, such as proof of adultery, abandonment, cruel and inhuman treatment, etc.

The process is commenced by the filing of a summons and complaint in the appropriate jurisdiction in the state. If you are located in the New York City metropolitan area, I strongly recommend that you contact me at 212-370-1660 to discuss the possibility of mediating the separation and divorce rather than going into the adversarial system.

Leonard M. Weiner, Esq./Divorce Solutions

Question #32

You will still have to enter into a Separation Agreement and file divorce papers. Because of the short duration of the marriage and the absence of children and assets, the agreement should be relatively short, and the disputes between the parties minimal. An Attorney is still necessary to draw up the papers and make sure that you have complied with the requirements of the state statutes and the court.

I suggest that you call my office that 212-370-1660 and discuss this matter in more detail.

Leonard M. Weiner, Esq./Divorce Solutions

Question #34

To correctly answer your question I must know where you presently reside, how long you live there, where your spouse currently resides and how long your spouse lives there, where was the marriage entered into, where did you live as husband and wife, where are the children living, and where are the marital assets located if any.

Question #36

To commence a divorce proceeding, you must personally serve the other party with a summons and complaint outlining the cause of action; in this case, divorce. Every attempt must be made to locate your spouse to serve such papers. Otherwise, the court will require you to make every diligent effort to do so and will extend the proceeding.

To protect your assets, all funds and property which you can transfer to your name alone should be done so immediately. This will prevent your spouse from encumbering those assets, and all joint accounts, credit cards, etc. should be transferred immediately to your name only or terminated.