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

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #169:
I came across your company website while searching for answers concerning divorce on the internet.

I am seeking some advice and help with my situation and thought it best to write to you before discussing further on the telephone.

I'll try and keep this simple and to the point.


1. I am a british born and bred citizen. My perm address is in the UK but currently I am working in Switzerland.


2. My wife has been living and working in NYC for about 10 years on a green card however obtained her American citizenship earlier this year (she moved to the USA from India where she was born)

3. We obtained a civil court marriage in NYC Queens over 2 years ago. We then obtained a traditional marriage in India almost 2 years ago.

4. We have never really lived together but i have made occasional trips to NY and she made occasional trips to the UK. We both continued to work in our own countries respectively.

5. We didn't click from just before the marriage and had many ups and downs which finally resulted in the decision to obtain a divorce. We have been separated (not legally) for almost a year (we have not met each other since the end of February 2009)


6. We do not have children, we do not want any money or possessions from each other, we both agree on a uncontested divorce.


Question.

Is it possible for me to file for a divorce from England or must I attend a court in NY? What is the easiest way (and quickest) for us to obtain a divorce.

also, since we never really lived together what are the chances of obtaining an annulment?

I have recently downloaded divorce papers from an american website but they just are too complicated, perhaps if this is the only method available you could help me this?

Answer:


I am not familiar with the residency requirements in England to tell you whether England would also have jurisdiction in your case. In NY, one would have to be living in NY for at least one year for NY to have jurisdiction. Because your spouse is living in NY for 2 or more years, NY would have jurisdiction.
If your wife is cooperative, we can do it in NY without your having to physically be present in NY. I can prepare all of the paper work and submit it to the courts after we conference together on the phone and go through all of the issues. I will then draft the Separation Agreement and the Divorce Papers and file them with the Court.
My fee is $400 per hour. The total fee will be a function of how many hours it takes to conference and then draft the documents, review them together, and make revisions.

The total combined fee for both of you will be approximately $8000.00

You do not appear to have grounds for an annulment and be aware that NY keeps records of annulments as well as divorces.

Please discuss this info w/ your spouse, and if you would like to continue, please get in touch with me.

Leonard Weiner, Esq./Divorce Solutions
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