MISCELLANEOUS

Dec 26, 2018

Question #30: My divorce story is very unusual and almost from a cheap horror category. I have been married for 16 years, for the past 13 years lived in Texas in Tarrant County. During this time I have been supported by my husband, although in 1993 I aquired some shares in a computer company run by my brother in Poland. From time to time I have traveled to Poland to visit my parents, my brother his family and to see how the business was doing. My husband did not object to such activities; on the contrary he has encouraged them. So when my brother asked me to oversee the business for a while my husband was all for it. He provided me with an airline ticket, advising to take as much time as I need to help my brother. My husband and I were in touch through the phone and E-mails for several months, and nothing indicated what he had planned. One day the letter has arrived to my parents’ apartment from the Texas Court, it was a Final Decree of Divorce. From it I found out I have been divorced, and he has been awarded the house which we have bought together, and almost everything we owned. I have been awarded the business in Poland( apparently he has lied to the Court making it believe I have been making a fortune ) which has not generated for me any income. I have been awarded the rental place!( another lie, to make the Court believe I owned the place of business) in which my brother has been running the business and my personal belongings. The credit cards have been cancelled. I have been left homeless and penniless, overnight and in a foreign country. I left for my trip with one suitcase, all of my papers such as social security number and everything else of importance has been left in the house, my valuable jewelry, pieces of art etc.. How was it possible for him to get a divorce, without my participation in the proceedings, how did he convince the Court of not awarding me anything of value after such a long marriage? It has been almost two years after the Divorce. I have been in deep depression just coming out of it, still staying in Poland, asking for advice, what should I do? He has cut any contact with me. I cannot even reclaim my personal belongings. Please do advise me what are my legal options. Could you recommend an attorney who could take the case against my liar husband ( or against the State of Texas) on the contingency fee basis?

Why have you waited for two years to realize something was wrong with the Divorce ? In order for him to have gotten the Divorce he had to serve you with a summons and complaint or provide a sworn affidavit to the court that he tried to locate you and was unable to do so. […]

Dec 26, 2018

Question #29: My husband filed for an uncontested divorce; a judgment was granted in May 2003. My husband didn’t file the divorce papers with the Ulster County clerk, therefore the papers were never certified. The clerks office does not have a record of the divorce and I have not received any documents. Am I still considered legally married? Is there a time frame in which these forms must be returned and certified to be valid? Will I have to file for Divorce again? Also, he re-married in an Islamic ceremony and is living with a woman as husband and wife, what do I do? Please help!

In order for the divorce to be final, the judgment must be filed with the county clerk. If you have copies of the divorce papers you can file them yourself. As long as the papers are not filed you are legally still married. Bring along a check and proof of identity. Leonard M. Weiner, Esq./Divorce […]

Dec 26, 2018

Question #28: How long does it take to have an uncontested divorce processed by the court system in New York after the papers are signed by both parties? Is there anything that can be done to expedite the court process (such as an expediting fee)?

The length of time it takes to have the divorce papers processed and the judge sign the judgment of divorce varies according to the backlog which exists in the specific county in which the papers are filed. It could range anywhere from 10 days to six to eight months depending on the backlog. I am […]

Dec 26, 2018

Question #27: Are we legally separated? 5 years ago my wife and I split up (in New York). We didn’t use attorneys (too expensive for us) Instead we used a template from another divorce and modified it to fit our needs. We signed it in front of a notary, and filed it at the county clerk’s office for $5.00. Someone said to me it may not be legal because an attorney didn’t review it. I’d say it is. What do you think? What do you think would happen if either of us filed for divorce?

It is impossible for me to tell you without seeing them whether in fact the documents you signed were properly prepared and whether you are in fact legally separated. I can tell you that these matters are too important to leave to self-help activities, and problems generally come back to haunt you later on where […]

Dec 26, 2018

Question #26: My husband and I have been married for one year and agree the marriage isn’t working. We have decided to legally separate, which will result in divorce. If both of us agree, is it appropriate to date?

Until the judge actually signs the judgment of divorce, you are considered legally married and it would be illegal to have relations with anyone else until such time as the order is signed and filed in the clerk’s office. It is important that you have experienced, legal counsel prepare your separation and divorce. If you’re […]

Dec 26, 2018

Question #25: A co-worker is married but wants out of the marriage. He lives and works in New York, and his wife lives and works in Florida. They don’t communicate at all, and have not seen each other in almost a year. I believe they have one or two children together, but he hasn’t seen or talked to the children since he left. What does he have to do to get a divorce?

He should try to get in touch with her and convince her of the necessity to finalize their separation and divorce. Without doing so they remain legally married, and all assets acquired by either of them during the course of this marriage are considered marital property and the other spouse retains an interest in all […]

Dec 26, 2018

Question #24: my lawyer claims my divorce papers were sent to judge to be signed and finalized . said it will take up to 2 months to get back. he has told me many of times was sent in before but lied. i think this time he is lying again; how can i check for myself to make sure it was sent in as he said? i live in new york.

It is not unusual, especially in New York County and other counties in New York City, for it to take two months for the judge to sign the judgment. You can request from your attorney to provide you with a copy of the receipt for the filing of the “Note of Issue”. You may also […]

Dec 26, 2018

Question #23: My friend lives in NY State and her husband recently has moved out, leaving her with 2 children, one of whom is disabled and needs fulltime care. She does not work outside the home. She was planning on visiting me in another state for a week so she can pull herself together. Her husband has agreed to watch the children while she is gone. Is there anything she should do before leaving to ensure he doesn’t claim abandonment or something else to make matters worse? All of this has just happened and she has not met with a lawyer yet although she has contacted a few to get some information.

I suggest she enter into a letter agreement between her and her husband providing that he consents to her temporarily leaving the state for a period not to exceed _____ days to visit with you, and that such leaving will not be deemed abandonment. Also include a provision that he has agreed to fully care […]

Dec 26, 2018

Question #22: Recently my ex-husband passed away. Our son who is 18 has applied for Administrator of his estate. He is the only child my ex-spouse has. In the mean time we found out that he had been married after we divorced and never divorced the second wife. They were married in Sept. of 1996 (in New York) and she left the marriage after only 3 months. (It is going on 7 years now that they have not been together.) Now that he has passed away she wants my son to sign an agreement saying that he will not contest her status as his wife, but this means she will get EVERYTHING (the estate is worth less than 50,000) and he NOTHING. I find this so unfair and believe that there should be some law or something that could protect my college bound son. Thank you so much.

Your son should refuse to sign any papers without first consulting with legal counsel. If you are located in the New York City metropolitan area, please call me at 212-370-1660. He should try to contact a lawyer with home you’re ex-husband may have consulted who may have a Will executed by your husband. In any […]

Dec 26, 2018

Question #21: My sister and her husband had a legal separation from the state of Connecticut, with division of assets, etc. She told me she had a will. She died suddenly in an accident. Her “husband” discarded all her documents at her home. He reverted to a will that was made 5 years earlier when they were living together in North Carolina and everything went to him. Can this be done when the parties are legally separated?

Generally, the Separation Agreement, if properly prepared by a competent attorney, will include a provision stating that neither party will have any claim to the estate of the other party despite any Will. Please check the Separation Agreement. Any judge who reviews such claim by a separated husband should be skeptical, and should require additional […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #28: How long does it take to have an uncontested divorce processed by the court system in New York after the papers are signed by both parties? Is there anything that can be done to expedite the court process (such as an expediting fee)?

Question #26: My husband and I have been married for one year and agree the marriage isn’t working. We have decided to legally separate, which will result in divorce. If both of us agree, is it appropriate to date?