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 #159

My husband and I were married in Newport News, VA in 2005, we separated for a year and a half in 2006. We got back together in December 2007. I left my husband in March of 2009 because he began to be cruel towards me and due to domestic violence on his part towards me in the past I left for fear that I would go through that with him again. I moved back to my home state of residence to live with my parents. We have a 3 year old daughter and I would like to get full custody of her allowing him visitation rights. I am not working and I would like to get help from DC now that I am a full resident again but I have been told I need to file paperwork for a legal separation and child support. I don’t know where to begin. I want to know do I need to do these things in VA or DC. He has moved to live with his mother in MD and to my understanding will be residing there from now on. Where should I start as far as getting a legal separation agreement filed and custody/child support motions?

You can file in the state where your husband is residing or in the state where you reside. Each state has its own jurisdictional requirements regarding length of time you must be a resident of such date in order for it to have jurisdiction. Consult with the county clerk in which you reside to find out how long you have to live in the jurisdiction in order for you to file for divorce.

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