LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Facebook
Linkedin
Youtube
Whatsapp
Envelope

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

(212) 370-1669

Facebook
Linkedin
Youtube
Whatsapp
Menu
Facebook
Linkedin
Youtube
Whatsapp

Daily Question & Answer

Question #194

 We have been separated since 1992. We had drawn up papers for separation with an allocation of property, child support, alimony, etc., but I don’t think they were ever filed with the court. I have faithfully lived up to what was on those papers regarding the property, alimony, and child support. Our daughter has finished college now, and we would like to file for divorce. The only thing left is her college tuition loan to work out. Can that be a sticking point in regards to finalizing a divorce? Also, what do we have to file? I live in Texas now, but she still lives in Suffolk County New York. 

You do not indicate whether these papers were drawn up by an attorney And whether each side was represented by counsel. The Separation Agreement must be prepared by an attorney who has experience in matrimonial matters, and the document is prepared correctly. Although you may have an agreement, the agreement may not be binding and unless it meets the legal requirements necessary in matrimonial matters.
Concerning working out the tuition loan, if both sides are amenable to a resolution, it should not be difficult.

You must file the separation agreement and divorce papers to get a divorce, and a judge must approve them. Since your spouse is living in New York State, we can file in New York.

Please call me at 212-370-1660 to discuss mediating your divorce, which will save you time, money and lots of aggravation.

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