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

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #196:
My husband and I got married in 2004 in Lake Tahoe, California. He was a resident of California, I was a resident of NYC. Yes, it was a spur of the moment thing after 5 years of dating.

We never lived with one another. I maintained my living status here and about 14 months of marriage this way (yes I know) when I was to move there, everything went to hell and we have now been seperated since November 2005, since well I found out that after one week of seperation he had hooked up with someone else. (eeesh)

I have never received any papers of any form asking me for a divorce. Am I still married? Does he need to inform me that we are divorced if he filed papers? And if papers are filed, would I receive them by being served or in the mail?

See, I would not be surprized if he somehow forged my information to obtain a divorce but I am just concerned if I am indeed divorce because my financial situation will be changing right quick and want toknow if he has any rights to my money, if in fact we arent divorce.

My friends said I should sue him for what he is worth-but I feel its too late And just want to be rid of him.

Anyhow-the question I guess is...Can he divorce me without me knowing? And how would I find out if he did. Or can he go to Mexico and divorce me?

Answer:


Until you actually get a formal separation or divorce you are still legally married , and, generally, any monies earned or property acquired during the course of your marriage is marital property, other than through inheritance if kept separate, both under New York or California law , and each party will generally have a 50 percent interest in such property.
It is essential that you deal with an experienced matrimonial attorney- mediator to make sure that all of the papers are prepared properly and you can get on with your life without having to worry that your past experience will come back to haunt you.
You would have to be served with the summons and complaint in any action for divorce, unless your spouse satisfied the court that he made an effort to find you and was unable to reach you.

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



Leonard M. Weiner, Esq./Divorce Solution
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