Question #55

If you have an executed court order from the judge, you can use that as the grounds for divorce, but you will have to wait a year before you can apply for your divorce. You may get divorced immediately, however, if you use other grounds.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. You do not have to wait the year. You can do get divorced right now.
Leonard M. Weiner, Esq./Divorce Solutions

Question #54

Many people are under the common misunderstanding that one has to wait a full year in New York to file for divorce. It is possible to file for divorce immediately, depending on the grounds one uses as the basis for the divorce. If you use the Separation Agreement as the grounds, then a one-year requirement is necessary, and nothing stops your spouse from filing for divorce under different grounds during that one year.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length. I strongly suggest you consider mediating your divorce with this office to resolve your concerns.
Leonard M. Weiner, Esq./Divorce Solutions

Question #87

If your wife never got divorced from her first husband, your marriage was not legal, and you have grounds for an annulment.
The time it takes to get the annulment or divorce will be about the same.
As long as your spouse is cooperative, I can prepare all of the documents, and you will not have to make any court appearances.
Please contact me when you get the marriage records.
Leonard Weiner, Esq./Divorce Solutions

Question

It is possible through mediation to arrange for a Separation in which each party remains in the house.
Do not listen to his threats regarding throwing you out or not supporting you. If he has been supporting
you and the children for the past 15 years, the court will make him continue to do so.
If you cannot afford an attorney, the court will make him pay for your attorney also.
If you are living in the NYC metro area, please call me at 212-370-1660
to arrange for a meeting to discuss the matter in greater length.
Leonard M. Weiner, Esq./Divorce Solutions

Question #75

Seek experienced, matrimonial, legal counsel to help you sort out your separation and divorce. It is too important a process to leave to self-help, and although it may cost you now it will save you much money and aggravation
in the future.
Please consider mediating your divorce – it will save you time, money, and emotional stress.
The Separation Agreement, although not technically necessary, is a very important document because it is a legal agreement
between spouses describing, among many other essential things necessary to separate your lives, exactly how the marital assets will be divided, who is responsible for the children’s upkeep, education and religious training, care and custody and who will be the resident parent and who will pay maintenance and child support to the other.
Since your husband never adopted your son, he has no legal child support obligation for him. Having a Separation Agreement does not mean you have to wait a year to divorce. You can proceed with the divorce immediately.
Please call me at 212-370-1660 to arrange for a meeting to discuss these matters at greater length.
Leonard M. Weiner, Esq./Divorce Solutions

Question #64

It is a common misconception that one has to wait a year to get a divorce in NY.
That is only the case if you use the Separation Agreement as the grounds for divorce.
Other grounds can be used in which you can file for divorce immediately.
Yes, he can quitclaim the property to you.
I cannot overemphasize the need to use an experienced, matrimonial attorney-mediator
to review all of the issues with you, prepare all of the documents, and properly file them. A divorce is an event that
is too important to leave to self-help.
Please call me at 212-370-1660 to discuss mediating your divorce.
Leonard M. Weiner, Esq./Divorce Solutions

Question #46

Many people are under the common misunderstanding that one has to wait a full year in New York to file for divorce. It is possible to file for divorce immediately, depending on the grounds one uses as the basis for the divorce. If you use the Separation Agreement as the grounds, then a one-year requirement is necessary, and nothing stops your spouse from filing for divorce under different grounds during that one year.

If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length. I strongly suggest you consider mediating your divorce with this office to resolve your concerns.

Leonard M. Weiner, Esq./Divorce Solutions

Question #27

Nice try but no cigar! Your written statement from your wife does not appear to meet the requirements necessary for a legal premarital agreement. Once again, I cannot overemphasize the need for individuals who are involved in prenuptial agreements, or separation and divorce proceedings, to retain an experienced mediator-attorney to assist them. You find yourself in this predicament because you, unfortunately, did not have proper legal counsel.

It appears that you are still legally married, and all of the assets that you acquired during the marriage, including your pension 401(k), are marital property to which your wife has an equitable interest.

If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to arrange for an appointment to mediate your separation and divorce so that you can finally get on with your life and know that you have finally taken care of these matters properly.

Leonard M. Weiner, Esq./Divorce Solutions

Question #26

In the State of New York, both divorce and legal separation require grounds. Irreconcilable differences are not sufficient to obtain either a divorce or separation. The difference is in the result. Once the judge executes the judgment of divorce, the parties are free to remarry. In contrast, a legal separation allows the parties to live separately, to divide their assets, and cover their joint liabilities, and spell out any child or spousal support requirements. But, the parties remain married and are not free to live with or marry any other individual.
If you are contemplating divorce or separation, and live in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions

Question #4

Legal separation and divorce are distinct legal processes. Legal separation is meant to divide the assets of the married couple, provide for separate living quarters, if they so desire, and in general provide for separate and individual financial responsibilities from the date of separation. It would entail the drafting of a Separation Agreement in which all of the issues involved would be set forth, including child custody, child support, spousal support, separation of marital assets, etc. The couple, however, would remain legally married, and would not be allowed to marry any other individual, the other party would inherit the first party, unless the Separation Agreement expressly provided for disinheriting the spouse, etc.
Divorce, on the other hand, would require the same preparation of the Separation Agreement, and would also require the filing of divorce papers with the court having jurisdiction over the matter. It would be a final and full termination of the marital status of parties allowing each to remarry and to be completely free and unrelated to the former spouse.
Legal separation does not necessarily require that you conclude it with a divorce. You may decide to continue the marriage and perhaps reunite with your spouse.
Mediation properly conducted will only help you arrive at a resolution of your situation, which is acceptable to you. The mediator is not an arbitrator or judge and cannot impose a settlement on you, without your mutual agreement. A professionally trained attorney-mediator will be able to help you bridge the gaps between you and your spouse and help you both satisfy your individual needs, given the particular circumstances.
I suggest that you ask other people who you may know who have used attorney-mediators professionally trained in divorce for recommendations or call the local bar association office in your town or city for help.
Leonard M. Weiner, Esq./Divorce Solutions