LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

(212) 370-1669

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Daily Question & Answer

Question #138

 I have been married for less than six months, and I’m considering divorce; based on the information I read, it seems that an annulment is out of the question. But I would like to know what exactly constitutes fraud (in regards to an annulment)? My husband is 20, and I’m 27, and we only lived together for the first two months of our marriage. He is currently in a government-funded school program…..Can my husband ask for alimony even though we do not live together? Can I have him served with divorce papers at his school??? Can anyone serve him??? I would appreciate any help in this matter…..never thought I would have to go through this…..but I’m sure that’s what a lot of us are saying!!!

Fraud has to be something the court would consider serious, such as he told you he wanted children. He could not have children, or he did not disclose to you that he has a severe mental or physical ailment for which he has been hospitalized in the past and which would interfere with his familial obligations.

Spousal support will depend on your relative incomes, the duration of the marriage, and your relative health and ability to work.
He can be served anywhere by an adult who must not be related to you and who will sign an affidavit of service.

I strongly suggest you consider mediating your divorce. It is too important an event to leave to self-help.

It must be done right. You need an experienced matrimonial attorney to make sure it is done right.

If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter further.

Leonard M. Weiner, Esq./Divorce Solutions

Other Questions

Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?

  • June 18, 2019
  • Q&A

I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

  • June 18, 2019
  • Q&A

I live in Long Island and have been married for 20 years. My marriage hasn’t been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I’m nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can’t do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don’t have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

  • June 18, 2019
  • Q&A