LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #188

My boyfriend, who has been separated from his wife for more than a year, finally got his papers for divorce last week. In the documents, his bitter wife wrote inhuman and cruel treatment. (we all live in the state of New York Rochester to be exact) he’s had enough with her and just wants to officially not be connected to her. Although he doesn’t agree with the reason, he said he would sign it and mail it back to the divorce lawyer to get it over. We don’t have money for a lawyer; they have no kids, no house, no assets basically, and the debt they had. They split it in half and have no ties. We did not know all this divorce terminology and called the same divorce lawyer who said he would not have to go to court, and it will be an easy divorce. (I am unsure if he was looking at the interest of the divorcee or divorcer) anyway, we wanted to get married eventually. We were wondering if he needs to think twice about what he is about to sign; especially if he doesn’t agree with it (will he go to jail for admitting inhuman and cruel treatment even though that is not the case?) is it a clean divorce since they don’t have any tips? Would it jeopardize him when he remarries in this same state? And is there even such thing as having a divorce and not even going to a court? How long does this usually take from when he does sign? Sorry for all the questions we called a legal aide who said to go ahead and sign it there should not be a problem, but I can’t help but think there is another meaning to her (wife) ways and if she tried to trick him since she was holding out for so long and is upset he is moving on? Please help.

Under the statute which went into effect in October 2010, attributing fault to one of the parties is no longer necessary. Living separate and apart for more than six months and no chance of reconciling is enough. Tell the attorney to change the grounds to this “No-Fault “ grounds.
There is no longer any reason to assign fault under the circumstances you present.
Leonard M. Weiner, Esq./Divorce Solutions

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