Question #52: DIVORCE What should I do if I want to get divorce and my spouse resides in another country? He left me more than a year ago and I’m pretty sure he will agree with the divorce.

You may file for divorce in the state in which you are living. It is not necessary for your spouse to be present, but you will have to serve him with a summons and complaint. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter …

Question #42: My husband and I are talking about a legal separation agreement. Is it possible for it to be legal if he makes an apartment downstairs in our home and I still would live upstairs and we split the bills in half and he pays me child support? My question is would this really still be considered a legal separation? Please advise.

Among the many advantages of divorce mediation, is the ability to design your Separation or Divorce as you wish, rather than be forced to accept a decision imposed by a judge who does not know you or your situation. It is definitely possible to make such a legal separation as you describe, but it must …

Question #33: I live in NY. I am a 46 year old male and have been married 12 years to my wife. We have no children and own a home. We have dated since we were teenagers and then got married. We have come to an impasse in our live because we are both different people. This is understood and we both have agreed to this. We have already discussed the assets and we want to remain friends after the divorce. We are amicable. My question is there any other way to get divorced without filing for a separation agreement and living apart from each other for a year. And also disregarding the 5 other causes and reasons for grounds for divorce in the State of NY. Thank You

If you are both in agreement regarding the need to divorce, it is possible to get a divorce without having to wait a full year. New York State, however, requires grounds and therefore you will have to select the most benign grounds upon which to file for divorce. If you are located in the New …

Question #31: I caught my husband having an affair in a hotel this September. I went to an attorney to have a separation agreement drawn up which my husband will not sign because in it I have that I do not want our three year old daughter around this woman. Can I get a divorce on the grounds of adultery without having a separation agreement seeing that he is refusing to sign it unless I take that “restriction” out of the agreement. He admitted to the affair and to being with her once before in a hotel. On both occasions, he said he was going on a motorcycle ride with his Local union friends and both times he met her in a hotel. She is also married, living in Texas with her husband and five children. What are my options?

You did not indicate what say you are located in but in the state of New York adultery is one of the grounds upon which you may base your motion for divorce. You do not need your husband’s consent in order to make a motion to the court for divorce. You’ll have to serve him …

Question #30: After the Divorce has been filed what are the procedures that a person has to go through that live in new york state?

Assuming that all of the documents you filed were correct and prepared properly, as required under law, these documents would have to be reviewed by the clerk’s office which deals specifically with divorce and matrimonial matters, and upon the clerk’s approval, the documents will be sent to a judge for the judge’s signature on the …