Question #3: I am planning to ask my husband for a separation, but I don’t know what that means legally. What kind of property I hold on to is not my main concern – I want it to be a civilized parting.

A Separation Agreement should include decisions regarding child support, child custody, spousal support, division of marital property, life insurance to cover the life of the party providing support, tax matters, payment of outstanding marital debts, religious divorce, etc. among other matters which must be decided before the parties and separate.
Do not underestimate the significance of the division of marital assets which is important to making sure you will be able to maintain your lifestyle and to provide you and your children, if any, with the financial ability to go forward.
If you are located 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 #101: Hello, My husband and I are looking to get a divorce, but I was wondering if we could get an annulment since we never consummated our marriage. We have been married for just over a year. It would be in the state of New York.

The requirements for an Annulment are more stringent than for a divorce.
NY keeps records of annulments just as it keeps records of divorces.

If you are living in the NYC metro area, pls call me at 212-370-1660 to arrange for a meeting to discuss
Mediating your annulment or divorce.
Call me. I can help.

Leonard Weiner, Esq./Divorce Solutions

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 it’s 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.

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

Question #99: Got married in Florida about 7 years ago. 3 years ago my wife left to NY where her family is and never came back. So I filed for a divorce and she never responded after several attempts to serve her the papers and even posting in the newspaper where she lived. So the judge finally finalized the divorce. Now I am being ordered to court in NY for spousal support or maintenance? Can this be done as we have never lived in NY as a married couple and the divorce is already final in FL.

Try sending the NY Court a copy of your Judgment of Divorce from FL
And the Order from the FL Court regarding spousal support and division of marital assets.

Good Luck!

Leonard Weiner, Esq.?Divorce Solutions

Question #98: I’m asking this for my friend. She is a legal citizen for 2 years. She is from Columbia married 20yrs to a man from Ecuador. 3 yrs ago he went back to Columbia when his mother died because he was left a lot of land. According to his mother’s will he has to stay in Ecuador. My friend feels abandoned and has asked for a divorce several times but he refuses. I tell her because he had left her for 3 yrs she doesn’t need his permission. She has no money and is struggling since he left. Can she obtain a divorce without his consent and is she untitled to any money from him?

If she is a resident of NY for 2 years or more she can sue for divorce without his consent based
Upon the no fault provision of the NY domestic relations law.
She will have to serve him w/ a summons and complaint.
If she is located in the NYC metro area, she should contct me to arrange for a meeting to
Discuss the matter in greater length.

Leonard Weiner, Esq
Divorce Solutions
212-370-1660

Question #97: My husband and I live in the USA, he is still legally married to me. He left and got married to somebody else in Australia. Can he or I annul the marriage between he and the Australian woman?

There’s no law against someone obtaining a divorce and marrying another person, however, there is a law against marrying one person, and then marrying someone else while the former union is still legally recognized – an act known as bigamy.
Bigamy is an offence in all States and Territories in Australia, and using s 360(1) of the Criminal Code 1899 (QLD) (the QLD Act)
CRIMINAL CODE 1899 – SECT 360
360 Bigamy
(1) Any person who—
(a) being married, goes through the form of marriage with any other person during the life of his or her wife or husband; or
(b) goes through the form of marriage with any person whom he or she knows to be married;
is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is a defence to a charge of either of the offences defined in this section to prove that at the time of committing the alleged offence the wife or husband of the person already married had been continually absent from him or her for the space of 7 years then last past, unless it is shown that the accused person knew that such wife or husband was living within that time

as an example, a person is guilty of a crime if:
• married, goes through the form of marriage with any other person during the life of his or her wife or husband; or
• a person who goes through the form of marriage with any person whom he or she knows to be married.

Are there any defenses to bigamy?
Both the common law and statute provide for a defense of bigamy if there has been an absence of seven years. So looking to the QLD Act again, s 360(2) makes it a defense against a charge of bigamy if a person proves “…that at the time of committing the alleged offence the wife or husband of the person already married had been continually absent from him or her for the space of 7 years then last past, unless it is shown that the accused person knew that such wife or husband was living within that time.”
Another defense is if a person held an honest and reasonable belief that the former marriage is invalid (per Thomas v The King (1937) 59 CLR 279).
The effect of common law divorce
Finkelstein J in James v Minister for Immigration and Multicultural Affairs (2002) 118 FCR 493 (FCA) said (at 503 [41]):
“According to the common law (which followed canon law) a marriage could be dissolved either by death or divorce. There were two kinds of divorce, one total and the other partial. A divorce a vinculo matrimonii was one which terminated the marriage relation. It was available in the case of incapacity such as would render the marriage contract void. The types of incapacity included: already being married; being under age; in the case of a minor; not having the consent of his or her parents or guardians; lack of mental capacity. A divorce a mensa et thoro was one which suspended the marriage relation and modified the duties and obligations between husband and wife. A divorce a mensa et thoro operated as a decree for the perpetual separation of the parties, affecting their personal rights and legal capacities in the same way as a decree of divorce a vinculo matrimonii, except that neither party could marry during the life of the other.”
What are the penalties for bigamy?
Although an offense of bigamy can land a person in jail. Perhaps the ultimate punishment as articulated by David Ross QC in Ross On Crime Fifth Edition is arguably the direst punishment of all: “Two mothers-in-law.”
[Answer found in Findlaw]

Question #96: Hello, and thank you for this opportunity. My wife and I are New York residents, we were married 3 months ago during our courtship we rarely were intimate due to religious convictions, I asked my fiance at that time on a number of occasions, in a number of ways if she had an issue with being intimate, she assured me that she only had reservations because we were not yet married, and that once we were married that she would be willing to be intimate. Well as I have stated we have been married 3 months and I have determined that this was untrue, because she refuses to be intimate. I have also discovered that she as well as her family have a documented history of mental illness, (paranoid schizophrenia) she refuses to accept the fact that she has mental issues even-though they have been documented, and she has been admitted to emergency psychiatric care on two separate occasions, she refuses to take the medication she was prescribed, and I wonder if this situation is grounds for annulment in New York state?

If the information you provided is accurate and there are people who can testify that
Your wife does in fact have mental problems that can be documented, I believe you would have grounds for an annulment in NY.
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 Weiner, Esq./Divorce Solutions

Question #95: I am a UK citizen who went to NYC to marry my partner of 3 years in New York in March of this year. We married on March 20th, I was aware that because of his beliefs he didn’t hold the legal entity of marriage in high esteem but he said he loved me and wanted us to be together permanently in New York. We argued on the night of the wedding because of another woman he knows and didn’t consummate the marriage. Several days later he asked me to leave the apartment I shared with him and stated that the marriage was over. I flew back to London. I asked him to agree on the terms of the annulment (if non consummation is a ground) and he refuses stating that he has no money to file and this will cost him in various ways (I don’t understand how as I don’t have extensive knowledge of your legal system). He has stated that the relationship is over and has continued to be verbally abusive throughout the course of the last few weeks. I have no legal recourse to his assets and even if I did I wouldn’t want anything from him. I know I can’t file as I’m not a resident but my fear is that he will file on the grounds of fraud by saying that I forced him into the marriage when I didn’t. I have a collection of text messages and I may even have some where I clearly ask him if he really wants to do this with me as I only intended to marry once in my life. Much of what we discussed was verbal. I don’t want a claim such as that to affect me in the future if I have to come to the USA for work or any other reason. I really don’t know what to do. Is there anyway I could file?

If either party is a resident of New York State for more than one year and the marriage took place in NYS, either party can sue for divorce. You do not have to be a citizen of the US to file for divorce.
Please call me at 212-370-1660 to discuss the matter at greater length.

Leonard Weiner, Esq./Divorce solutions

Question #94: My husband and I have been married for 8 months ago in the state of NY. He wanted a child and I agreed even though I’m in my 40’s. We have not been able to consummate the marriage. On our honeymoon I realized he had a problem and asked how long has this been a problem for him and he said a week and a half before our wedding date. We went to the doctor the next week and he was given medication and he still has not able to perform. I believe now that he lied about the week and a half. He is very inexperienced and I suspected that he was a virgin, never thought that he was inexperience because he had a problem. We have been separated for 7 weeks because he has become very mean and cold, besides lots of other issues. I want to file for an annulment, I feel I qualify under the Domestic Relations Law “Incapable of entering into married state from physical cause DRL 7(3) pursuant 140(d)” I don’t think he will contest but if he does how can I prove that he had this problem before our marriage. I want this to be quick and easy as possible for both of us.

DRL 140:
(d) Physical incapacity.
An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; …. Such an action can be maintained only where an incapacity continues and is incurable, and must be commenced before five years have expired since the marriage.

The level of proof necessary for an Annulment is greater than for a divorce. You will need to prove the problem is incurable ( very difficult to prove) and corroborate the claim with
Some outside testimony such as a doctor or other person who would know of this problem.
Since you do not have any children and the marriage is of such short duration, perhaps you should consider
A Divorce instead of an Annulment. You could use the “no fault “ grounds recently enacted and save you and your spouse much
Time and embarrassment. Remember, there are records of Annulments in NY State just as there are records of Divorces.

Leonard M. Weiner, Esq./ Divorce Solutions

Question #93: My husband and I got married in April 2010. We had a very short courtship (4 months) in which we had sexual relations. We got married and haven’t had sex since. We are more like roommates than husband and wife. We don’t even kiss. We have decided to get divorced, we still live together and probably will continue to live in the same apartment due to financial hardship, but that is it. Can we file for divorce and get a quick divorce for the reasons of “no sexual relations”? Please advise. Thank you.

Under the new No Fault law in NY, you can file for divorce.
Please call me at 212-370-1660 to arrange for a meeting for the 3 of us to discuss the matter at
Greater length.

Leonard Weiner , Esq./Divorce Solutions