WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS
I have been married for less than 6 months and I’m considering divorce; based on the information I read it seems that an annulment is out of the question. But I would like to know what exactly constitutes fraud (in regards to an annulment)? My husband is 20 and I’m 27 and we only lived together for the first 2 months of our marriage. He is currently in a government funded school program…..Can my husband ask for alimony even though we do not live together? Can I have him served with divorce papers at his school??? Can anyone serve him??? I would appreciate any help in this matter…..never thought I would have to go through this…..but I'm sure that's what a lot of us are saying!!!Answer:
Fraud has to be something the Court would consider serious, such as he told you he wanted children and he could not have children or he did not disclose to you that he has a serious mental or physical ailment for which he has been hospitalized in the past and which would interfere with his familial obligations.
Spousal support will depend on your relative incomes, the duration of the marriage and your relative health and ability to work.
He can be served anywhere by an adult who must not be related to you and who will sign an affidavit of service.
I strongly suggest you consider mediating your divorce. It is too important an event to leave to self help.
It must be done right . You need an experienced matrimonial attorney to make sure it is done right.
If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter further.
Leonard M. Weiner, Esq./Divorce Solutions