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

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Question #19

I don’t think you can help me. I have a restraining order against my husband, and we have been separated for almost a year. We both live in Washington state, but he is from NY and is flying back there this week. I believe he is going to try and file divorce there with the help of his family, who aren’t entirely honest people. I have had to hold off on the divorce because of immigration issues. I am from Canada and am self-petitioning. He does not see the kids or pay child support. If I had my way, he could just stay in NY. I was just wondering how I defend myself if he files there. I don’t think mediation is for us. If you can help in any way further and can refer me to someone who can, I would appreciate it, though. Thank you very much for your help. Oh, and his girlfriend is pregnant, and he wants the divorce done quickly, and in the State of Washington, it is a minimum 92 days then proceedings. So I think that’s why he is doing it out there. Again, Thank you for your help.

If you’re both living in the State of Washington for over a year
and the grounds for the divorce did not take place in New York State,
New York State will not have jurisdiction over the matter and he should not
be able to file the divorce papers in New York State. If he does file it in New York, you will be able to appeal on jurisdictional grounds.

In any case, he has to serve you with a summons and complaint
and you will be notified by personal service in such event.

If you wish to proceed with the case in New York, please call me at 212-370-1660.

Leonard M. Weiner, Esq./Divorce Solutions

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