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

ANNULMENT, SEPARATION, & DIVORCE

Question #100:
I married my husband on the 22nd July 2015. I am from the UK and he no longer wants to be married for reasons of change of heart. so I have returned home to London since November 15th. I recently was exposed to him speaking and potentially sleeping with other women before we had discussed divorce and during our separation. The times over lap. So to me this is adultery. He hadn't served any papers in the 2 weeks after he decided he wanted a divorce up until yesterday he then explained he had them drawn up under the circumstances I was just trying to get citizenship papers, which to me is defamation of character, Before i left we were separating and over the months it has deteriorated so I have accepted his want for divorce even though it isn't what I want but I never married for papers as he is kindly putting it. He is telling me I do not have to sign and he will email me the details.

I just want to know my right and if he can have that drawn up without my acceptance. He does not have my address in the UK and I believe these things have to be sent via post and not via email. I have no reason not to sign for a divorce or annulment as itís become very heartbreaking with women sharing stories with me but I can't accept he can just file under false reasons when it was his decision based on just not wanting to be married anymore.

I really appreciate your advice as in England the law is different and as I got married there I understand its under New York State law.

Answer:


Under NY Law, there is a NO FAULT provision that allows a spouse to file for divorce after 6 months of marriage based on irreconcilable differences.
However, you must be served in person with a Summons and Complaint; regular mail will not suffice. Email may be accepted by the Court, but only after providing the Court with proof that
An effort to locate you and serve you in person has been seriously attempted.

You may be eligible for some spousal support, depending on your financial situation and his.

I suggest you tell him you want to mediate this divorce in NY, and want spousal support
And your share of any marital property that exists.
Remember that all money earned and assets acquired during the marriage, are MARITAL Property and are to be shared equally
No matter in whose name the property is held.

Please contact me at 212-370-1660 to discuss mediating your divorce.

Leonard Weiner, Esq. Divorce Solutions
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