Question #237: I am separated from my husband for a number of years now. We use to live in the USA, we are both citizens and got married in city hall New York. We now reside in Ireland. I want to know can I get a divorce in the USA?

I do not know what the jurisdictional requirements of Ireland are to file there, but New York requires that you be living in NYS for between one and two years (depending on certain factors)
just prior to filing in order for it to have jurisdiction. If you are living in Ireland for a number of years, you should file in Ireland.

Leonard Weiner , Esq. Divorce Solutions

Question #227: I married a Brazilian man in NYC (town hall) on July 10, 1994. We resided in Manhattan until May 1995, whereupon we moved to Brazil with our newborn son. My ex is a prosecutor in Brazil, and our marriage was legally recognized there, and I became a legal resident. I obtained work as a translator. In 2003 my husband and I divorced amicably and I remained in the country until 2009. I returned to NYC in July 2009 where I lived until June 2010, when I moved to NJ where I currently live with my son and new fiancée. My question is: I plan on remarrying this year. I understand that there is an agreement between Brazil and the US wherein one country recognizes the marriages and divorces conducted in the other and it’s simply a matter of filing the requisite paperwork. Is this true? Do you handle this type of situation? What is your fee schedule for this type of situation? I look forward to hearing from you. Thank you.

Since you have been living in NJ for over 2 years, you should file your divorce in NJ, not NY.

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

Question #224: We were married 1982, Nassau Co., NY; have lived in Germany over 25 years. Been living separated for over a year, but have no written separation agreement. Neither of us have filed for divorce. If we did, which law would we be divorced under? Since we do not reside in NY I would think German law for the divorce proceedings. Would the proceedings, filings, papers, etc. have to be sent to NY for filing or just the final divorce decree? Would NY law (equitable distribution) determine what happens to assets/liabilities, real property, etc? If we were to agree on the division of assets/liabilities and they were uneven, but agreeable to us both, would a lawyer/court accept and honor that?

You are undoubtedly subject to German, not NY jurisdiction since you have been living in Germany for over 25 years.
German law would apply and no need to send anything to NY . If you wish to remarry in NY, you will have to provide proof of divorce from Germany.

If there are no minor children involved and your decision to divide the marital property is reasonable (i.e. not leaving one spouse
Without the financial resources to continue alone), the courts should not object.

Good Luck!

Leonard Weiner, ESQ./Divorce Solutions

Question #222: After googling I came across this site and I could definitely use some assistance. My husband and I married a year ago after knowing each other a very short while. Soon after our marriage we realized it was a big mistake. We talked about divorcing in Dec 2011 a month after our wedding. A month later we found out we were pregnant. We attempted to make our marriage work without success and in April 2012 I moved out. We’ve been separated since and I’m the primary caregiver of our child. My husband and I have agreed to go forth with an uncontested divorce. Is there a time frame that must be waited to file for a divorce? Also how long is a typical uncontested divorce process take to finalize?

The first question to ask is whether are you are living in New York State and for how long . Each State has different requirements.
Assuming you are living in NYS for over a year and were married here, you can file for divorce without waiting any longer.
Depending on which county you are living in, the time it takes for an uncontested divorce to become final can be anywhere from 2 weeks to 4 months.
Generally, the denser the population of the county, the longer the wait.
I strongly suggest you not try to do this on your own. If you are living in the NYC metro area, please call me at 212-370-1660 to arrange a meeting to discuss the matter in greater detail.

Leonard Weiner, Esq/Divorce Solutions

Question #221: Hello! I currently live in Connecticut, but I was married to a same sex partner in New York, where she currently lives as well. Do I file for an annulment in New York or Connecticut? Thanks!

If your partner is living in NY for more than a year and you were married in NY, you can file in NY.
To get an annulment you are going to need to prove special grounds and provide witness testimony.
I strongly suggest you call me at 212-370-1660 to arrange for a meeting to discuss Divorce Mediation.
It will be cheaper, faster and less traumatic.
I can help. Give me a call.

Leonard M. Weiner, Esq./Divorce Solutions

Question #220: I married my husband in the summer of 2009. We separated after 5 months of being married. We never legally separated but it has been almost 3 years now and no divorce. I filed for a divorce last June with a lawyer I thought to be legit, I paid him $1000 and signed some papers. My husband NEVER got the papers the so called lawyer told me he was going to sent him and I NEVER got an index number (which I learned recently I needed to obtain one)… I thought the divorce would have been done by now. I called the “Lawyer” and the number has been disconnected. I wrote an e-mail and I would get a post master in return saying that e-mail doesn’t exist and finally I went to his “Office” and it was one of those rental offices in fancy Park Ave and 5th NO ONE has seen him or heard from him in MONTHS. I called the County Clerk in the Bronx and no one can give me any information. Thinking that the divorce was in process I have moved to Puerto Rico in October, My husband is in New York City. I had to make a new life out here but with this marriage is tying me down. Can I still try to get a divorce while living in Puerto Rico even though I was married in NYC?

As long as one of you is still living in NY you can file in NY.
Please call me at 212-370-1660 to discuss the matter greater length.

Leonard M. Weiner, Esq./Divorce Solutions

Question #217: I have been married six months and with my partner for a total of a year and 4 months. He just told me he doesn’t want to have children, a discussion we had before we got married. We made a life plan that he is reneging on. Is this ground for an annulment. We were married in New York State, I’m American, he’s Spanish. We live in Abu Dhabi. I want this to be cheap, quick and painless. Thanks!

You or your spouse must be a resident of NY state for a year before NY will have jurisdiction over your matter.
If you are living in Abu Dhabi you may qualify to apply for a divorceor annulment there.

Leonard Weiner, Esq./Divorce Solutions

Question #215: Hello there; I have a question for you, I am married and looking to file for divorce but will be leaving the state in a few months I am active duty Army and met and married my wife in Arizona can I file in the state of New York? I have resided in New York since 2009 or do I have to file in Arizona? She is currently living back in Arizona. please email me back with the correct information please.

If you are a resident in NY for over 2 years and your permanent residence remains in NY,
regardless of your temporary military assignment overseas, you can file in NY.

Consider mediating your divorce. I can help.
If you are living in the NYC metro area, call me at 212-370-1660 to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions