Divorce Solutions

Oct 30, 2018

Question #71: We have been married for only 1 1/2 months when we realized that it was a big mistake and we decided to separate and are looking for a very quick divorce. We have not shared any property, banking, etc and there is nothing really to share. We live at two different addresses, though both in NY. We want to part amicably, yet as quickly as possible. Any suggestions ? Thanks

You must get a divorce and it should be done ASAP. The longer you wait the more financial exposure you have to the debts and other support requirements of the other party under the law. Although you are married only for a short period, you still need to file all of the divorce papers and […]

Continue Reading...

Oct 30, 2018

Question #70: If I am in the middle of a divorce and we can’t agree on the settlement on the house, can we go to you to have this settled like adults between us both. She can’t take any more time off work for the hearings and I don’t like the way I am being represented by my lawyer. Can I ask my lawyer for a refund because he’s not around if I have questions or concerns.

You both may agree to mediate any outstanding issues which remain between you and do not have to have the judge settle the matter. If you believe you’re not being represented properly by your attorney you may terminate your relationship with him at any time, and any retainer monies which remain unused must be returned […]

Continue Reading...

Oct 30, 2018

Question #68: I live in NYC. My husband and I have agreed to a Legal Separation. Is this something we can do, or do we have to hire an attorney? Is there a general form to use for a legal separation?

A legal separation is the first step in the divorce process and it is essential that you get legal counsel to advise you on how to properly legally separate and to prepare a written Separation Agreement. The Separation Agreement deals with many issues that are unique to the married couple such as child custody, child […]

Continue Reading...

Oct 30, 2018

Question #67: Here’s my situation: I got married in 1990 in Panama. The marriage was registered in the consulate there. In 1994 we moved to NY with our son. In 1996 we separated amicably but not legally and because my wife was still establishing her immigration status we left it at that. We shared custody of our son and I provided child support. Two years ago I moved to Mexico. Now… my (ex) wishes to marry her boyfriend and my girlfriend would be so much happier if I were no longer to be married. How can we get a divorce as quickly and easily as possible. I’m not a legal resident here so the Mexican divorce is out. What can we do? I can’t go back and forth from Mx to NY for court and I can’t stay there for a couple months either. HELP!

If your wife is still a resident of New York State, we can file the divorce in New York. We can mediate all of the issues involved including child custody and child support and the divorce over the phone and you will not have to make any appearances in New York State. if you are […]

Continue Reading...

Oct 30, 2018

Question #66: I’m married 12 years and want out due to the fact my husband and I want completely different things in life. I pay 95% of the household expenses and he doesn’t want to contribute 5%. Everything he does and every dollar he spends must be for his personal benefit. I simply refuse to live like this anymore. Please advise what my first step is in getting this marriage disolved. I live in New York.

You do not mention whether you have any children as a result of this marriage. If you do, you owe it to your children to seek help, perhaps through a marriage counselor, to see if you can reconstruct the marriage again. Assuming that you have done so, or you do not believe that such counseling […]

Continue Reading...

Oct 30, 2018

Question #65: I live in NYC; I met my wife in February of 2002. She is a citizen of an Asian country and was here on a student visa. Within two months, she moved in with me. When she graduated in June, she had only 30 days to find an “approved” job to fulfill the requirements for a work visa. Unfortunately, the bad economic environment did provide an acceptable position. So, in love and sympathetic to her plight (and considerable prodding from her), I married her in July 2002. Since that time, it has been mostly miserable for us. Profound differences between us and her habit of secretly destroying my belongings has created an intolerable environment for me. Desiring quick and simple, I initiated an uncontestable divorce under the grounds of “Cruel or inhuman treatment”. She, at first, said she would sign; alas, but now changed her mind. I have, to this point, only filed for an index number and could continue without her signature, but her parents (back in her home country) are urging her to either hire a lawyer to fight my grounds or make me agree to a one year separation in order to keep her in the US. She hasn’t even received her conditional green card, so her status in this country is in jeopardy. She received her temporary working permit in February 2003; so, prior to that time I was paying all the bills. She hasn’t yet decided on a course of response and I’ve delayed further action until this is clear. To compound matters more, she attempted suicide last night (she even wrote a note) and is now in the hospital awaiting psychiatric approval/release. I know I did the right thing in calling 911 and caring for her, but now I need to escape from this nightmare before she either hurts either herself again or me. I want to reclaim my once-peaceful life. . .quickly. Please advise.

This is a case which I believe should be mediated and not litigated. I strongly suggest that you discuss mediating your divorce with your wife as opposed to each one hiring an attorney and battling it out in court. You’ll simply spend all of your hard earned money on attorney’s fees, and will ultimately be […]

Continue Reading...

Oct 30, 2018

Question #64: I would like to end my 7-year marriage to my husband. We have no children and have mutually agreed on the property split (so there’s nothing to mediate). We have both worked full-time jobs throughout our marriage so there’s no need for alimony. We live together for economic reasons. What would be the quickest and most affordable way to divorce him in NYC? Do we need to be legally separated for a specified amount of time. We don’t have a lot of money, and like I said earlier, not much property to split. Should one of us move out?

Although you state that you have nothing to mediate, in fact it is important to make sure that you have discussed all of the relevant issues involved in separating, and ultimately divorcing and therefore a mediator is still necessary. In addition you will have to enter into a Separation Agreement which will spell out in […]

Continue Reading...

Oct 30, 2018

Question #63: My wife of 6.5 years and I have been separated for 17 months in NJ where we were wed and have been residing the whole time. We have no children together. We both agree to proceed with a no fault divorce amicably. We have already transferred all major assets such as bank accounts, car, etc. and all that’s left is little stuff like photos, ornaments, etc which we are in the process of exchanging. I never put her name on the deed of my house as she moved from an apartment and now resides in one. We want to have the most economical and headache-free divorce possible. We were just going to go to a local Divorce Center who charges $500 for everything including court costs. Is there anything to be concerned about with this approach? Secondly, is a formal property settlement agreement necessary

You get what you pay for! This is a matter too important to leave to someone who is not a lawyer . If either party wishes to challenge the division of the assets some time down the road it will be easy to do so and you will end up in court with much bigger […]

Continue Reading...

Oct 30, 2018

Question #62: My wife and I have been married for 2 1/2 years. We were married in NY and she still resides there. We have decided to divorce. The split is very amicable and there are no children and no property to split. Although I did briefly speak with an attorney to better understand the options, both of us would like to get this over with quickly and with as little drama as possible. Is this the sort of thing that you do and approximately how long is the process and how much should I expect it to cost? Thank you.

This is precisely what I do! Although I am an attorney, I do not represent either party but remain a neutral throughout the mediation process, guiding the parties through all of the necessary issues that need to be discussed and decided, offering alternative resolutions when an impasse seems to be at hand, and drafting the […]

Continue Reading...