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 #219:
My friend was married in Florida in 2003. She left her husband (cruel & inhuman treatment; verbal & mental abuse) and came back to NYC in 2005, he still resides in Florida. She now wants to file for divorce, can she do so from NYC?? And will there be a problem since she technically abandoned him? Is he entitled to alimony? Is she entitled to alimony?She does not work and receives a government check for disability. We would appreciate any help....thanks!!

Answer:


If your friend is living in New York for two years or more she can file in New York. She can use cruel and inhuman treatment , rather than abandonment as the grounds. The fact that she left him to go back to New York , will not affect the cruel and human treatment grounds. With regard to who is entitled to alimony , a more detailed understanding of the incomes and lifestyle of the parties will be necessary to make a determination regarding how the court may rule.

If she is living in the New York City metropolitan area , please have her call me at 212-370-1660 to arrange for a meeting to discuss mediating the divorce. It is possible to mediate the divorce even if her spouse is not present in New York, as long as he is cooperative in the process. By mediating the divorce, they will not have to make any court appearances , or spend hours sitting around the courtroom corridors waiting for their 10 minutes before the judge.

Leonard M. Weiner, Esq./Divorce Solutions
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