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 #232:

I am writing this on behalf of my daughter. We parents are staying in overseas.
Our daughter is in H1B visa, staying in NY from June 2013. She said she married to one guy who is in student visa just 2 weeks ago (Nov 6th 2015) without our (parents) knowledge. She was in love with the guy since many years but we parents did not approve it due to religious grounds. She was complaining about depression from few months. She might have married to the guy during depression or by some pressure or the guy is fraud as we parents of lot of assets.
2 days after the marriage she called us & told that she urgently got married because she thought parents will take her back from United States as we were supposed to arrive at NY on Nov 9th. We planned this trip almost in early September with the consent of our daughter to stay with her for 2 weeks. Surprisingly, she made a hasty decision.
In this case, is there any way our daughter can get annulment or divorce immediately? We are trying to findout why & what exactly made her to take such a hasty decision. If it is because of depression, is the marriage valid? We were told, she was not taking any medication for depression but she used to call depression hotline. What sort of documented evidence is required to prove she signed marriage license during depression? Or the guy is fraud, may be interested in our property or using our daughter's H1B visa to get shelter after his studies etc.

If she is willing to accept that she made hasty decision without clearly thinking about the future consequences, in what ground we can help to get divorce or annulment? How long it would take? How much it would cost? Looking forward to hear from you.

Answer:


Under the relatively new “ No Fault” law in NY , after 6 months your daughter can apply for divorce.
Without having to claim any type of fault, but just to state that the marriage has broken down irretrievably for a period of at least six months.
Please get in touch with me when you arrive in NY to discuss the matter further.

Leonard Weiner, Esq.
Divorce Solutions
212-370-1660
Back to content