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 #29

My wife committed adultery. I have heard that this is a basis for getting an immediate divorce–within 30 days. Also that the property settlement (settlement agreement?) is a separate issue, my question is, can I get a divorce before a property settlement agreement is reached?

Adultery, if proven, is one of the basic grounds for divorce in almost every state, but it must be established and not merely alleged. I am not that familiar witM.D.MD law, but it seems quite unlikely that any state would provide a divorce in 30 days.

Although you are right that the grounds for divorce and the distribution of marital assets are separate issues, both must be determined as well as child support, child custody, and spousal maintenance before a court inmost states will issue a divorce.

Leonard M. Weiner, Esq./Divorce Solutions

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