Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #19:
My husband and I were married nine months ago in NH, and have resided in NC for the last six months. We incurred debt jointly before the marriage, on credit cards in my name. The debt paid mostly for furniture, and for educational equipment and material used to help him qualify for better jobs, which he has since obtained. He has committed adultery in the past three months, as I was absent for much of the marriage due to some training. We know we are not right for each other and shouldn't have gotten married in the first place. Taking my situation into consideration, would I seek a divorce, an uncontested divorce, or an annulment (I'm not sure of the differences among the three), and would I pursue the proceedings in the state where I married, or in the present state of residency? Thank you
Answer:
With regard to which state has jurisdiction, most states require a minimum residency before it will assume jurisdiction over a divorce matter. Please check with your local bar association to see how long the residency requirement is in your state.

Regarding whether you should file for divorce, uncontested divorce, or an annulment, each state has specific requirements to qualify for an annulment, which from the information you have provided you would probably not qualify. An uncontested divorce requires the full consent and cooperation of the other spouse. Is that a possibility in this case? To get a regular divorce, you must commence a lawsuit with a summons and complaint outlining the grounds for divorce, if grounds are necessary in your state.

Divorce matters are not simple and should be handled by a competent attorney trained in these matters who is familiar with the laws in your jurisdiction.

Once again I emphasize the importance of seeking out a competent attorney-mediator who can assist you in your effort to seek a divorce.

Leonard M. Weiner, Esq.-Divorce Solutions

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