Question #126

From the facts which you present, it sounds like family counseling should be your first choice and not divorce mediation. Severe sickness or disability of one spouse places a tremendous emotional and physical burden on the healthy spouse, and it is not unusual for you to react in the way you are. I strongly suggest you seek out an experienced family counselor to help both of you. Get home care assistance to take part of the burden off of you and to provide you with some free time to go out and to enjoy yourself with your friends and family.

If, after family counseling, you still believe that divorce is the only solution, I would be happy to discuss the matter with you at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #127

You indicate that you have two children but do not mention their ages. If they are under 18 years of age, there is a question of custody and child support, which must be determined in the course of the separation and divorce process. Concerning alimony, which is now referred to as spousal maintenance or spousal support, and concerning the pension questions, the answers depend on several particular factors in your case, such as who was the primary provider for the family during the 20 years of marriage, how much did each one contribute to the support of the family, whether the remaining individual spouse is capable of supporting himself/herself, etc.
If you are living in the New York City metropolitan area , please call me at 212-370-1660 to discuss these and other matters which must be resolved to proceed with the separation and divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #156

If your friend intentionally dissipates marital assets in contemplation of a divorce proceeding, the judge will hold him responsible for that amount of money that has been dissipated. This is clearly an attempt to defraud the wife out of her share of the marital assets, and if you participate in it you will be an accessory to the fraud.

Leonard M. Weiner, Esq./Divorce Solutions

Question #256

If the money is still liquid ( sitting in a joint account ), you should make sure your spouse cannot withdraw it without your consent. The best thing would be to divide it now before it “disappears.”

If it has been spent on marital matters, such as home renovations, college tuitionyou’re your child, a family car, etc., you have no claim to it. If it was spent on his personal vacation trip to Hawaii with his “buddies,” you may have a legitimate claim for half the proceeds.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

Question #267

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce.

If you cannot afford a lawyer, the Court will make your husband pay. You should also be entitled to spousal support for a period of time.

Leonard M. Weiner, Esq./Divorce Solutions

Question #229

You should contact him and tell him you want a formal divorce and a full accounting of all of his finances, including income, expenses, and assets, and a formal Separation Agreement spelling out exactly his legal support obligations. If he refuses, tell him you intend to file for divorce in NY and that he will be forced to provide that info to the Court.

I strongly suggest you consider mediating your divorce, and if you live in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter in greater length.

Leonard Weiner, Esq.
Divorce Solutions
212-370-1660

Question #314

There is much going on in your life that needs to be dealt with and cannot wait, but you must get help from an experienced professional.

To properly advise you, I would need to discuss your situation in more detail and help you work out a plan to address each of the issues in a timely fashion intelligently.

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment.

Leonard Weiner, ESQ
Divorce Solutions

Question #318

The real question is, what happened to the original business, its accounts, and assets? Were the assets of the original business taken over by the new entity? You, as a majority shareholder, have a right to demand to see the books and records of the original company and the tax returns filed on its behalf.
There is much to be determined before a legal plan of action can be suggested.
If you are living in the NYC metro area, call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater detail.