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 #188:
My boyfriend who has been separated from his wife for more than a year finally got his papers for a divorce last week. In the papers his bitter wife wrote inhuman and cruel treatment. (we all live in the state of New York Rochester to be exact) he's had enough with her and just wants to officially not be connected to her. Although he doesnít agree with the reason he said he will sign it and mail it back to the divorce lawyer to get it over with. We donít have money for a lawyer they have no kids no house no assets basically and the debt they had they split it in half and really have no ties. We have no knowledge of all this divorce terminology and called the same divorce lawyer who said he will not have to go to court and it will be an easy divorce. (I am unsure if he was looking at the interest of the divorcee or divorcer) anyway we want to get married eventually and was wondering if he needs to think twice about what he is about to sign especially if he doesnít agree with it (will he go to jail for admitting inhuman and cruel treatment even though that is not the case?) is it really a clean divorce since they donít have any ties? would it jeopardize him when he remarries in this same state? and is there even such thing as having a divorce and not even going to a court? how long does this usually take from when he does sign?

Sorry for all the questions we called a legal aide who said to go ahead and sign it there should not be a problem but I canít help but to think there is another meaning to her (wife) ways and if she tried to trick him since she was holding out for so long and is upset he is moving on ? please help.

Answer:

Under the new Statute which went into effect in October, 2010, attributing fault to one of the parties is no longer necessary. Living separate and apart for more than 6 months and no chance of reconciling is enough. Tell the attorney to change the grounds to this ďNo Fault ď grounds.
There is no longer any reason to assign fault under the circumstances you present.

Leonard M. Weiner, Esq./Divorce Solutions
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