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
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.
Leonard Weiner, Esq.?Divorce Solutions
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
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
(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 ):
“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]
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
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
Leonard Weiner , Esq./Divorce Solutions
As soon as the Judgment of Divorce is signed by the Judge and is filed with the County Clerk’s Office, the divorce is
final and the parties are free to marry again.
Leonard M. Weiner, Esq./Divorce Solutions
Even though your brother got married in the Philippines he can file for divorce in NY if he
is a resident of NY for 2 years or if both parties are living in NY for a minimum of 1 year.
I do not see how his commencing divorce proceedings
against his wife will impact his visa application, but he should consult
his immigration attorney to be sure.
If he is living in the NYC metro area, please have him call me at 212-370-1660
to discuss mediating his divorce.
It is essential that the divorce be prepared by an experienced
matrimonial attorney and not left to self help.
Leonard M. Weiner, Esq/Divorce Solutions
The Divorce process is much too important to leave to self help.
You should engage an experienced attorney -mediator in your area
to make sure that you have covered all of the issues and can get on with your
life without worrying that your mistakes will come back to haunt you later in life.
You do not need your spouse’s consent to divorce in NY, but the process then is adversarial,
not uncontested. If he also is filing for divorce, then apparently he wants the divorce as well and a good mediator should be able to bring the parties together to get the job done without having to spend the time and money in court litigating the divorce.
If you are living 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
You need to file for divorce and you will have to locate her a serve her with a Summons and Complaint.
If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter.
Leonard Weiner, Esq./Divorce Solutions