Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

ANNULMENT, SEPARATION, & DIVORCE

Question #1: I married a woman and found out that all she wanted from me is a green card. Now she won't divorce me!!! What can I do to get rid of this problem FAST and without undue expense?

Read answer

Question #2: Can you define a "legal separation" and how that fits into the overall divorce process?

Read answer

Question #3: Please describe a "legal separation" and what implications are involved. How does it work, what does it do and how would a person get one?

Read answer

Question #4: Are "legal separation" and "divorce" the same thing? I've been married to my husband for less than two years. This marriage has too much hurting. My husband wants a divorce, but I thought we should separate for a while to allow each other space to think it over and sort things out before deciding to give up this marriage. In the case of legal separation, does it mean the ultimate result is divorce? Also, we live in the state of California. How do we go about finding a mediator now that California State Bar Association is shut down? I don't want this separation to be nasty , but what if my husband disagrees with what I think I deserve? Will the mediator help us to reach an agreement?

Read answer

Question #5: Please Help: I'm a 39 year old American male who married a Filipino woman in the Philippines in June of 1997. After the marriage I went back to the U.S. and my wife stayed in the Philippines while the immigration paper work was processed. Everything seemed to be going great until the final step of the immigration process when my wife applied for her U.S. Passport in June of 1998. Since I sent her the money for the passport and Visa (approx. $600) I haven't heard from her and when I call her family's house they act as if they never heard of her (or me for that matter). I'm afraid what has happened is that once my wife got her U.S. passport she dumped me, somehow entered the U.S. and is doing God knows what. So my question is how can I get this marriage annulled? Do I have to go back to the Philippines, or can I do it in the U.S.? Any help would be greatly appreciated.

Read answer

Question #6: I heard friends of mine saying that it may be possible to have a marriage annulled if the marriage lasted less than 1 year. I don't think it is true, but it is worth it to try. I couldn't find anything about this so far. Well, is it true? THANK YOU!

Read answer

Question #7: At a young age I had gotten married in Las Vegas but never really lived with her. It was one of those things you may say that you do at a young age and think that instead of going steady being married was sweeter. Anyways, like I stated we were never really living together like a normal husband and wife more like a boyfriend/girlfriend thing. We had eloped and never told anyone thinking that in a few years will get married anyway. Within 5 months of the marriage the relationship ended and within a couple of months I had filed for a dissolution of marriage. My question is there anyway I can get this marriage annulled even if I had filed for a divorce already? I know that after a year if no one had filed to contest this dissolution of marriage that the divorce is in effect. Six years have passed from the time of the divorce but since the marriage was not really a marriage is there someway to have the marriage and the divorce annulled from my records? Thanks.

Read answer

Question #8: My friend has been married 10 months. He has decided after trying marriage counseling that he doesn't want to continue in this marriage. The problem is, he owns his own business and doesn't want to lose it to his wife... He has asked his wife to leave and she will not... These problems have been going on since the first day of the marriage. Does he have any recourse? What are the criteria for annulment? Thanks

Read answer

Question #9: What grounds can you get an annulment on?

Read answer

Question #10: What are the guidelines for annulment?

Read answer

Question #11: My wife abandoned me two years ago (after 8 years of marriage). On 8/9/95 she calls me at work saying she wants to take off for a month in Florida to think but she wants a divorce and we'll talk when she returns. After a month I tried to get in contact with her through her family but she wouldn't return any of my messages. (I later found out that she was really in Puerto Rico with a male companion) I haven't heard from her since until 10/8/97 when someone knocked on my door at 10:30pm to give me a Summons (with Notice). It seems that the summons is an action for divorce on the grounds: DRL*140 (1)?? She seeks an equitable distribution of marital property ??

What does DRL*140 (1) mean???? and do you have any advice??

I never went through anything like this. And I'm desperate. I have twenty days to reply to the summons, Please e-mail me as soon as you can.

Read answer

Question #12: What is the time frame to have an annulment?

Read answer

Question #13: I live in New York State and have agreed to and had a fully executed Separation Agreement filed with the Clinton County Clerk's Office. Is it legal to now reside with another woman? Is this a proposition that could cause me trouble?

Read answer

Question #14: Do you have to have a separation before divorce?

Read answer

Question #15: I have been married now for about 3 years and I have had a problem with my husband in that we have not been able to have sex in the past years. I understand that this is a case for annulment, since he is not capable of getting an erection, however, I am not 100% sure if it is grounds for annulment. Untill now I felt bad for not wanting to stay married to him but I have reached my limits in understanding since he is not even trying to improve the situation...what do I do and how do I go about this situation?



Read answer

Question #16: If both parties agree, can a separation agreement be back dated in NY State to speed up the divorce process?



Read answer

Question #17: I have been married for 18 months, I recently found out that my wife had a relationship prior to our marriage and has been in constant touch with him after marriage. she misrepresented herself to me as if she was simple, honest person who had no previous relationships. I would have never married her if she would have told me the truth prior to our marriage. Can I file for annulment based on fraudulent misrepresentation.

Read answer

Question #18: My husband and I just separated and we have 19 year old son. we are still great friends and we are making it as easy as possible. should we file for a legal separation?

Read answer

Question #19: I'm married now for 5 months. Is it possible for me to get an annulment? If so what can I do if he refuses to sign the annulment papers? Also, is it possible for me to get the annulment without him knowing?

Read answer

Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again?


Thank you.



Read answer

Question #21: My wife and I were married a year ago (NY state)and recently had a child who is three months of age. Due to postpartum depression it is impossible to reconcile our differences. What are our best choices? separation, divorce? I would only presume that the child is at an early age that she would be granted custody, correct? What can i do? Would I have a case against her depression? We both make equal pay, what should i expect in child support?




Read answer

Question #22: What are the legal separation laws in Oswego County New York?



Read answer

Question #23: What actions must be taken in New York State regarding the filing for Legal Separation and what are the fees?



Read answer

Question #24: What are the grounds for a legal separation in NY? I once heard a rumor that after being legally separeted for a period of one year, the divorce is automatic. Is there any truth to this?



Read answer

Question #25: I have been married for 10 years. My husband & I are selling our house (no children/pets - house is only asset). The closing is 1 mo. or so away & I have to make decisions quickly. We have not been getting along, but don't hate each other (just lots of mistrust). Should we get a legal separation if we plan to live apart? What liability am I assuming if I don't get separated & we are living apart? What if we decide to live together & we want to keep our money separate?

Read answer

Question #26: What is the difference of divorce & a legal separation?

Read answer

Question #27: My wife presented me a written statement to which I have held as a premarital agreement. It was written by her and signed by her. I did not sign one at the time since I was living check to check.

Fourteen years later I have acquired a house, a pension, and 401(k). Will such agreement hold up in a divorce proceeding?

Read answer

Question #28: Seven years ago, I was married in New Jersey State by a Justice of the Peace with a New York State marriage license (which I never received a copy of). On this marriage license, I am completely sure that my name was spelled incorrectly. Does this invalidate it?

We were married a year and a half when I found out she was pregnant. I had never had intercourse with her without contraceptives. I thought it was mine, and had a court-ordered DNA test done after the baby was born, which she refused to take until they at least got her to consent to a blood test.

The blood test came out as the baby being B+, when she was A- and I have a very rare blood type: ABO-. Therefore, the baby could not be mine. A friend that had been living with us matched the blood type but we never got the DNA from him because he passed away.

She abandoned me, and went to her mother. Three months later, I filed for custody, until I found out from the blood work that the child was not mine.

Now that you have all the background circumstances, what is the time frame of being separated (as we were automatically separated upon finding out the baby was not mine) before it is considered a legal divorce without going to court?

I no longer live in New York state,however she is still in New York.

Read answer

Question #29: My husband moved out of the house and has mentioned his intention to file for a legal separation. We have been married for 18 years and have 2 children. What exactly does this mean? If we decide to get back together what is involved in removing the legal separation? Will we have to remarry? We live in Missouri.

Read answer

Question #30: After the Divorce has been filed what are the procedures that a person has to go through that live in new york state?

Read answer

Question #31: I caught my husband having an affair in a hotel this September. I went to an attorney to have a separation agreement drawn up which my husband will not sign because in it I have that I do not want our three year old daughter around this woman. Can I get a divorce on the grounds of adultery without having a separation agreement seeing that he is refusing to sign it unless I take that "restriction" out of the agreement. He admitted to the affair and to being with her once before in a hotel. On both occasions, he said he was going on a motorcycle ride with his Local union friends and both times he met her in a hotel. She is also married, living in Texas with her husband and five children. What are my options?

Read answer

Question #32: I married my wife after a short courtship. She moved in with me after knowing each other for just a few weeks. We lived together for 2 months and then got married because she was pregnant. Now that we have been married for 3 months I have realized that I cannot live with this woman. She is 5 months pregnant. She is not from this country and wants to return to her home country. Can I get an annulment?

Read answer

Question #33: I live in NY.

I am a 46 year old male and have been married 12 years to my wife. We have no children and own a home. We have dated since we were teenagers and then got married.

We have come to an impasse in our live because we are both different people. This is understood and we both have agreed to this. We have already discussed the assets and we want to remain friends after the divorce. We are amicable. My question is there any other way to get divorced without filing for a separation agreement and living apart from each other for a year. And also disregarding the 5 other causes and reasons for grounds for divorce in the State of NY.

Thank You

Read answer

Question #34: Hi there,

I was wondering if there is an easier version of the annulment process available.

My situation: I have been married to my husband for 19 months, since May 1, 2002. He has recently informed me that he resents me because I pressured him to marry me. He specifically wants the marriage annulled, and perhaps it is best to comply with his wishes.

What I want to know is: does it become an easier process when both parties agree. Is it possible to avoid a court hearing or proving grounds. I am perfectly willing to give him what he wants. And what he wants is his freedom. We have no real estate or children, so we are hoping that it doesn't have to be burdensome. If possible can you give an idea of how much it would cost and outline the necessary steps. If an in person consultation is necessary please include your terms and conditions of service.

Please respond as soon as possible as we would like to complete the process before the new year becomes old.

Thanks in advance for the information.

Read answer

Question #35: I read on your website that a legal separation "provide[s] for separate living quarters, if they so desire". I have read cases where the judge find separation agreement invalid because the spouses are still living together. Your statement "if they so desire" means to me that the husband and wife can still live together even though they are legally separated. What are your grounds for saying this? In the same paragraph you say that in the separation agreement, you can disinherit the spouse. Would this be found invalid as well because the husband and wife are still living together?

Read answer

Question #36: We were married in Los Angeles, CA in late December of 2003. We are considering a separation but have several questions. We are expecting a baby in late June. I currently live part-time in CT and part-time in NYC and my husband lives full time in our NYC apt (rental). I am currently applying for jobs in NYC and Los Angeles. My husband has suggested an apartment share in NYC, so that we can raise the baby together at first. I am not completely opposed to this. My questions are as follows:

1. Can we be legally separated if we share an apartment and plan to continue cohabitating?

2. Can we discuss custodial rights in the separation agreement, in the case that I do decide to move to CA, where my family is? (My husband says he will agree to my living in LA if that is where my career takes me.)

3. My husband's father recently added his name to a bank account to be used at our discretion (to help raise the baby). If we separate, can any of this money be allocated to our child? Can we make provisions for college funding, etc?

4. Because my husband had a poor credit history (he is from Greece and only started building his credit recently), the majority of our charges are to my account (not a joint account). Can we treat any debt, current and future, as if this is a joint account?

5. We have decided to try marital counseling. If we decided to reconcile, what steps are necessary to null the separation agreement? Can we make a post-nuptial agreement at the same time as the separation agreement, or is that redundant. If we reconcile, can we "transform" the separation agreement information into a post-nuptial agreement? How useful are post-nuptial forms?

6. We have adopted two dogs, and they are in my name. Can this be discussed in the separation agreement as well?

7. My husband and I each have assets previous to our marriage. Do we need to discuss any of these in a separation agreement?

Read answer

Question #37: I have my separation papers...they've been signed and notarized. Where am I suppose to send them?...I live in Manhattan.

Thank you.

Read answer

Question #38: I have a few questions with regards to annulment.

Someone has been married for approx. 4 years. Initially, they were very hesitant to get married and were pressured by family members. Although the married couple were friends, one person got married so that they other could reside in the United States. However, after the marriage which was never consummated, the couple have not lived together, one moved to another country and have had limited contact. Now wanting to get remarried but wondering if they can get an annulment in NYC.

What would be the procedure?

Are there any legal repercussion for the person who got married under false pretenses?

Read answer

Question #39: Please let me know if I can file for an annulment. I believe my case falls under the categories of fraud, duress, and the marriage never being consummated. I got married almost two months ago in Hawaii. My husband resides over there. He resided in New York until he moved to Hawaii at the end of 2002. He is in this country illegally (he overstayed his visa). I reside in New York, and am a U.S. citizen. When we decided to get married, it was because we were in love, and always discussed that I would go back to Hawaii to be with him right away. When I got there I had second thoughts, but he kept pushing me to get married. Reluctantly I got married, and ever since then his attitude has changed completely. My mother came with me to Hawaii, and the very next day, we had an argument, because he needed me to help him sign a lease for an apartment for him, and we arrived a little late to see the owner of the apartment. He said it was my fault we were late, and that I didnít care about him and his situation, and that I never cared. During the argument, he told my mom he had to force me to marry him, and he felt like he was taking me to an execution, not our marriage. My husband and I never consummated the marriage or the relationship. Because we are both Catholic, we always said that we would consummate the marriage after we were married by the church.



The problem is that before we got married, he told me he would file for a work permit, using our marriage certificate, and I would come back to him right away. He has not done that. Now, he tells me the only reason we got married was to help him with his immigration situation. This is something we never discussed, and I never told him I would marry him only to help him with that. I never knew of the severe problems involved with him and immigration laws. He always led me to believe that I would never have to get too involved with the immigration situation, (i.e., he could file for whatever papers he needed by himself, and that maybe I would be interviewed by an immigration lawyer after about a year). I believed him since a few of his friends are immigrants and one of them is an immigration lawyer.

He has been very aggressive and hurtful with his words since we got married and only talks about how he needs me to be there to help him, and that he cannot do anything about his legal status unless I am there, because immigration would get suspicious of us since we live apart. These are things he never told me prior to us getting married.

He constantly tells me that I never wanted to help him with anything. I helped him get insurance for a car he purchased so he could get to work, and when I called the insurance to find out about the policy, they informed me there was something wrong with his payment, and they never received it. Also, they had a wrong address for him on file. When I told him about it, he again was aggressive and attacking with his words and told me that I donít care to help him and only cared about my credit. He again repeated that I need to be there with him, because without my being there, he cannot proceed with fixing his legal status. Before we got married, he always told me he would never want to put me in an uncomfortable situation regarding his legal status because he loved me too much and respected me too much to put me through any of it. Now he tells me he doesnít want to seek any legal help unless I am there, because he wonít be able to do anything.

I honestly believed that we got married because we loved each other. We have known each other for a few years, and when he moved to Hawaii, he said he had moved to paradise and that things could be very nice for us, and life could be easier, since things have not been so great in New York since 9/11. Now, all he keeps telling me is that we only got married so he can fix his immigration situation, and that I never really cared about him, or ever wanted to help.

Read answer

Question #40: Hello. I have been married for just under 4 years. I reside in Monroe County, NY. My husband is attending college in Japan. I have asked him to come home, but he has refused. We havenít lived together since mid-January. Would I be able to sight abandonment for an annulment or would I have to get a divorce?

Read answer

Question #41: I live in New York and I've been married now for exactly 7 months. Before marring my husband I was pregnant. While married I had a miss carriage. And our relationship just didn't go right. I stopped having sex with him and he just stopped wanting to be with me. Now he wants a divorce. Can you please advise me if I can possibly qualify for a annulment.

Read answer

Question #42: My husband and I are talking about a legal separation agreement. Is it possible for it to be legal if he makes an apartment downstairs in our home and I still would live upstairs and we split the bills in half and he pays me child support? My question is would this really still be considered a legal separation? Please advise.

Read answer

Question #43: My wife and I have recently separated and have been so for about three months. Our intention is to finally divorce. We are both aware that we must be separated for at least one year in order to be granted a divorce in New York State (we both live in Manhattan) and we realize we should probably draft up a separation agreement and have that notarized. Now here are a few questions:

Although we've already been living separated for three full months, does the separation officially begin on the date the agreement is signed and notarized?

And since we are aware that a LEGAL separation is not the same thing as being separated (my understanding is that a legal separation is similar to a legal divorce -- you can correct me on this -- and, thus, demands the same prerequisites to be eligible for a divorce in NY state), how necessary is a separation agreement? How else can we prove to NY state that we've been separated for one full year?

Also, how necessary is it to hire attorneys, etc., to review the agreement as well as hiring a mediator to help us hammer it out?

One more question... I find plenty of information on DIVORCE mediators but not on simple marriage separation mediators (someone to help us work out the basics on the separation agreement), I assume that the divorce mediators handle/are the same thing. On average, how much does a mediator cost? What organizations/listings/websites can lead me to the more reliable, experienced and recommended of the bunch. And, since we're on a very tight budget, are there any not-for-profit legal aid/mediation groups that are affordable and can help us out in a similar manner?

Thank you for your time in answering my email.

Read answer

Question #44: I would like advice on my family situation.

Basically me and my husband would like to legally separate and then proceed to divorce after one year. During this year we would like to have joint custody of the 2 kids we have and also to continue to live in the same apartment, but with separate lives. The reason for this is that financially he could not support me if he would move out, and I wouldn't be able to pay a full-time baby-sitter and pay the rent from my salary.

Also, during this year I would like to continue to provide health insurance for my husband.

If it's possible, please let me know to what degree all this is do-able and what do I need to do next. Also, if you could give me price information, that would be great.

Thank you very much!

Read answer

Question #45:
I was hoping to find if I would be able to file for annulment under the grounds of fraud. My wife and I are currently legally seperated, we both live here in the city. The reason being is that she has chosen her career and a different lifestyle over having children. The decision to have children and raise a family was discussed and agreed upon before marriage, now all has changed. If I would have known that is how she really felt I would have never agreed to get married or engaged for that matter. Either way, our marriage can longer go on. We have both agreed that our lives are better off going our seperate ways. I am trying to find the quickest and painless way to get on with our lives. Annulment would be my first choice to have this erased but getting divorced without waiting for the year seperation may be somthing I would also consider. Pleas let me know my options and I would be happy to set up an appointment.
Thanks.


Read answer

Question #46: If my husband and I enter into a legal separation as a negotiation of terms of our son's custody and our house, will I legally be able to date again?
Thank you.

Read answer

Question #47: ANNULMENT

I have been married since 4/26/06 and I caught my husband cheating on me on 5/4/06 and he continues. We had an apartment but now we took different directions. As of June 22, 2006 he left the apartment. I am moving to my own place as of July 1, 2006. I just want to know if I could get an annulment since this happen so soon in the marriage and what are the procedures.

Read answer

Question #48: ANNULMENT


I want to know if there is a residency requirement for New York for an annulment? I also was wondering what your costs are to handle an annulment, and how long they take and what I might need? Thank you

Read answer

Question #49: SEPARATION


My husband and I were married in NY but we've been in Missouri the past two years for his graduate work. We have decided to separate but we will also be moving back to NY soon. If we get the separation agreement here, will NY recognize it if we want to divorce in one year?

Read answer

Question #50: SEPARATION

Is child support mandated by law when entering into a legal separation?
Is this amount negotiated by the 2 parties?
Is this affected if the separated parties live on different floors of the same house?
Thanks.

Read answer

Question #51: My husband and i have been separated since 1999, with a signed and notarized agreement as to who gets what and who pays what. We live in New York State. Does either have any claim to the other's property since the agreement states what is in one person's name is theirs? Also if one person charged up credit cards in his own name and has not paid, does the other have any responsibility to the other's creditor, when the agreement states each pays his own loans etc/?

Read answer

Question #52: DIVORCE

What should I do if I want to get divorce and my spouse resides in another country? He left me more than a year ago and I'm pretty sure he will agree with the divorce.

Read answer

Question #53: ANNULMENT

My wife and I got married on July 8íTh 2005. I was under psychiatric treatment at the time prior to during and still in treatment. I thought getting married would make are relationship better. I was wrong. All we do is argue, and for the last 5 months I have been supporting us on just my disability income. I have told her to go back to her previous employer that said they would take her back. This way she can help with the income and stuff. She refuses to go and we argue all the time. I thought her attitude would go away but it never did. Unfortunately we have never had sex because of the medication I am on. I know this bothers her as well, it just seems were not right for each other.

Can we get an Annulment?

Read answer

Question #54: SEPARATION & DIVORCE

My husband and I are in the process of filing for a legal separation in New
York State, with full intention of actually divorcing after the year is up.
During that year, can he "contest" the separation/divorce during this year?
Can he file on other grounds?


Read answer

Question #55: SEPARATION and DIVORCE

I live in NY and my husband and I have been living apart now for a month (we no longer want to remain married),we went to family court because we have a child and I wanted to get child support and spousal maintenance, and to get the custody issue out of the way. I got the custody and spousal support and we now share joint custody. My question is do we still have to file anything else with the court before we can get divorced? Like a separation agreement or does the family court decision pretty much take care of everything? I want to get divorce as quick as possible and be able to move to another state with my daughter.

Read answer

Question #56: I have a big dilemma...When I was eight months pregnant I was suspicious of
my husband cheating. To make that loooong story short on January 20th of
this year I found out that my suspiciousness was true. He had no choice but
to confess that he was cheating. I will be married 8 years this December.
We have two children together. A four year old and a 11 month old. I have
been laid off from my job since October 2005 since the layoff I stood home
for 3 months with our children and we both agreed that I finish up my
graduate studies and attend graduate school full time. I finished up my
masters in may 2006. It was difficult trying to manage grad school, two
children and a whole load of other things while going though something so
horrible like what my husband did to me. I wanted to leave but was so
scared that I couldn't take care of myself or the girls on my own. I was
sooo confused. I could not believe that my so-called best friend had hurt
me this deeply. At the time I was just getting unemployment. Now I am
searching for a job to save money and divorce him. I don't know what types
of stipulations I should ask for...I do want full custody of my girls, I do
want him to help maintain them too. We also have a home together that we
purchased in June of 2004. I don't want to leave my home. Can we divorce and
I live here with my daughters. Do we have to sell so that we can get our
even share of our investment? I just feel that he does not deserve anything
being that he F-up (excuse my language.) I know who the correspondent is and
yes she admitted she cheating with my husband. They both work at the same
job. Can I divorce him with adultery? Is it too late? Will it be too late
when I am ready to leave?
Thank you.

Read answer

Question #57: FOREIGN DIVORCE


I am Japanese citizen who was married to an American citizen.

We got married in Japan 6 years ago, registered in Japan first then
registered at city hall in New York as well afterwards.

With mutual agreement, we filed for divorce last year in Japan since I was
resided in Japan already after a year of separation. In Japan we can do
uncontested divorce just us signing a sheet of paper without lawyer when
there's no children or assets.

My question is, even I have Japanese divorce paper notarized by US Embassy,
do I still have to get divorced in New York since we were registed in New
York as well?
I found out later that our registration of marriage in New York wasn't
necessary since we were already married in Japan thru US Embassy.

For your information, I live in Japan now and my ex lives in New York.

Are we still married under New York law?
If we are, can we just send NY City Clerk a letter that we are divorced in
Japan with a proof of Japanese divorce paper?

Please give me any advice.

Thank you very much.

Read answer

Question #58: ANNULMENT


Under what circumstances, if any, may I seek annulment
in NYC if I am not a resident but my ceremony was
performed there? I have married someone who appears to
have done so only for immigration purposes. What kind
of "proof" need I provide for this? I can hardly say
that anything is "tangible". Also, he is currently
abroad, would this void his Visa and prevent him from
re-entering the US. (I would hope so because I am no
longer a resource for him). Would our wedding witness,
who was a relative of his, be subject to any legal
action, again, I hope so.

Also, are there any circumstances under which an
annulment may be granted on expedited basis. I fear
further unscrupulous behavior from this man, and would
feel safer knowing we are not legally bound ASAP.

Read answer

Question #59: DIVORCE

Hi!
I got married in NY with a woman from Arizona. Right after marriage she flew back to Az and our understanding was we would work it out whether she should move here or I should relocate there. Few weeks later, she stopped all forms of communication with me. Phone calls are unanswered. Emails are ignored. I realized she is perhaps a bit nuts. I gathered from friends that she is there and fine. But she would not communicate with me. How can I get out of this marriage? This is not even 4 months ago.
Thanks for the help.

Read answer

Question #60: ANNULMENT OR DIVORCE

Hi,
I am a British citizen and married a New York resident and US citizen in July. The marriage took place in New York and he was supposed to move to England with me so I can attend school. We both agree it was a mistake. Can I get the marriage annulled in New York or get divorced. I'm not that religious and we don't really have assets or children. Would one be better than the other? Can I get the marriage annulled in England or do I have to come back to America. Is there a big difference between the two in this situation? Which one costs more?
Thanks so much for the website. Itís so interesting and informative.


Read answer

Question #61: A friend of mine (female) has filed for divorce, but her legal spouse will not sign the necessary papers. Her spouse has become emotionally, mentally and at times physically abusive, so she moved out. Now he is counter-suing for abandonment. Never once was a police report filed, she just wants to legally end the marriage, assets and alimony are not requested by her. Is there any way she can expedite this process? Also she is bringing the paperwork to him, should a court officer serve these papers to him? What is the time frame for him completing this process? I find it horribly wrong that in NY State, if a person wants a divorce, the other party has to agree otherwise a situation like this occurs. Thanks.

Read answer

Question #62: SEPARATION:

My ex-husband and I have been separated for over 2 years now. We have separation papers that we drew up and signed, but never filed. What do I need to do to file them in NYS?

Thank You

Read answer

Question #63: SEPARATION:
Question:
My ex and I have been separated and have notarized
separation papers in NY State for the past 3 years. We didn't
have anything to split up within the courts nor do we
have any children. We just went our separate ways. We
were only married less than a year!

Her Uncle is a lawyer and he was supposed to file the
papers for divorce for us after the 1 year penalty and
we have been living completely separate lives for the
past 3 years.

NOW, her uncle just sent me only her final signed
separation papers after all this time (which she did
sign 3yrs ago). I was expecting my final divorce
papers from him! I thought it was final years ago. I
have no contact with her and apparently I need to file
these papers on my own. What should I do? Where should
I go? Is this process going to be costly? Is she going
to have to be involved in the filing? Do I need a lawyer?

Please help! This needs to be taken care of ASAP

Read answer

Question #64: My spouse and I both live in NY.

We want to file for divorce - Do we have to file a legal separation and wait 1 full year?
We have no minor children, and no arguments about the division of property.
Can he sign a quit-claim form and sell me his share of the property for a $1?

Read answer

Question #65: ANNULMENT

Question:

I have been married for six months. Am I still in the legal time frame
to get an annulment in New York State?

Read answer

Question #66: DIVORCE


I came across your web page in attempt to find some articles for my brother about divorce. Although I found sites that can help, they didnít really answer the critical parts of his case. He had been married for 7 years now and had a beautiful daughter together. He said he felt forced to marry her by her relatives bcoz she got pregnant. He didn't have any relatives back in the Philippines then since we all migrated here in the US. They separated after a year of marriage amicably since they both agreed they donít get along. That was for two years until he went into a new relationship (2003). His wife decided to cohabit wt him again since she got low on her career as a dentist. But it also made things ugly with him and his wife who started harassing his current partner. He decided to go here in the US as a tourist and subsequently applied for a working VISA hoping to start a new life. He left his house and properties (fields, pharmacy and apartments) for their use. He worked peacefully here without contact with them for 3 yrs with the same woman (partner) from the Philippines who migrated here 2 yrs after him, but then he learned that his wife and daughter supported by our parents is coming here as immigrants petitioned by the hospital as a nurse (she took nursing to get here). Now he wanted divorce since there is no divorce in the Philippines and itís hard to prove their marriage null and void. He is also included in the petition as an immigrant (family petition by the agency). Can he file a divorce even if he got married in the Philippines? Will that compromise his status here in the US?

Read answer

Question #67: ANNULMENT

I got married on June 30, 2006 in nyc I recently left his mother's apartment where we were living at due to a lack of communication after 3 months of being married, I tried to fix things between us, but it seems like he doesn't want to work things out and last time I spoke to him he mentioned annulment since we've been married for that short period of time he said he was able to do it without me being there without me even knowing, is this true? You don't need to be at least notified that you marriage has been annulled? Is there any way I can fight his decision? how do I find out if my marriage has been annulled? Thanks in advance for your help.

Read answer

Question #68: SEPARATION:

My wife and myself have been living apart for 4 months now. I would like to help her with some of the bills we had together. We do not have any children or own any property. I offered some help and she came up with an amount that sounds reasonable. She makes more money than me and she is also on my health insurance plan at my job. If I decide on a separation agreement, what determines the amount of money she would get? Can I come up with a durational maintenance amount myself?

Read answer

Question #69: SEPARATION:
Hello-

Great informative site!

I have been married for 12 years and am now 40. My wife and I have
three kids under the age of 16.

My wife and I do not get along at all. We can not agree on anything,
even simple things. This has been getting worse over the past few
years.

We have discussed serperation. I have requested to stay in the home. I
enjoy our home and she always complains about it (too big, too old) but
she refuses to leave.

Since our house is a large 1860 victorian style home, we can have
seperate bedrooms. We have not been sleeping together nor had relations
in quite sometime.

Can I file for a seperation with her still remaining in the house since
we are not a "couple"? I live in a small rural town in northern New
York State so I need to do my homework first.

Thanks for your help. I know ending this marriage will be the best for
us and our three children.



Read answer

Question #70: DIVORCE:
How long does he have to wait to get married? the divorce is being dealt with now. My question was, AFTER a divorce is finalized. How long does someone have to wait to get married?


Read answer

Question #71: Hello,
I was curious about how I should separate. I currently am in a lousy situation. I was married, in NY, at 18 without parental consent. I married a non-citizen, who earned citizenship through marriage. The marriage is not working out and I wanted to know the best way to end it. I would like to get an annulment, but can I? and also do I need a lawyer...since both of us decided to be civil and go through this peacefully ( we also have no property together or children, bank accounts, etc. ) Unfortunately I know this will jepordize his citizenship- is there anyway to make that not happen..since we are both students, and I dont want to see him get put in a situation where he needs to flee the country since we are not legally married anymore.

Please help! I know nothing about this!


Read answer

Question #72: Hi. Two years ago, I naively and stupidly married my roommate, here in NYC, so he could get immigration papers. A few weeks later, I moved out of the apartment and I havenít spoken to him since. The ďmarriageĒ was never consummated. I presume he will not want the divorce, and fight it or hide, since as far as I understand, our marriage gives him some sort of legal status in the US.



1) I never went on any immigration interview or filled out any forms. Since I voluntarily entered the marriage with the intent of helping him obtain citizenship, am I liable for fraud?



2) Can I get an annulment? Can I get a divorce? What is the simplest and least expensive recourse?



Thank you!!




Read answer

Question #73: ANNULMENT -DIVORCE:Hi. Two years ago, I naively and stupidly married my roommate, here in NYC, so he could get immigration papers. A few weeks later, I moved out of the apartment and I havenít spoken to him since. The ďmarriageĒ was never consummated. I presume he will not want the divorce, and fight it or hide, since as far as I understand, our marriage gives him some sort of legal status in the US.



1) I never went on any immigration interview or filled out any forms. Since I voluntarily entered the marriage with the intent of helping him obtain citizenship, am I liable for fraud?



2) Can I get an annulment? Can I get a divorce? What is the simplest and least expensive recourse?



Thank you!!




Read answer

Question #74: ANNULMENT:
My brother suffered 8 strokes in four days. His named "proxy" did not according to his wishes take him off of life support. 36 hours after the Doctor recommended discontinuing life support he started to breath somewhat on his own. His lungs were so damaged they then had to do a "trach" The Dr's prognosis then became my brothers reality.
Since Aug 25th he cannot speak, swallow, chew, or smile. He is blind in his right eye & almost totally blind in his left. He is fed through a tube in his side, has a foley cathater, his diapers changed like a baby. Those who cannot swallow have to be suctioned 24/7 because saliva & mucous build up quickly.His trach also has continuos oxygen. He was in the hospital from Aug 24th to Nov 22 & then went a skilled nursing facility where remains as I write this narrative.
On Dec 6th this girlfriend took a JP to Deaconess nursing home & married my brother. 36 hours prior to this the attending physician gave an evaluation of my brothers condition. They felt that not only was he so physically compromised & would not improve, that he was also mentally compromised - they felt he was getting confused - he nodded "yes" when he really meant "no". This meeting was attended by the "proxy", my mother, brother, My ailing brothers dauther, her husband, the attending physician, nursing coordinater, & social worker. My brother also gets pain medication every four hours.

My question is - due to his physical & mental condition & also the pain medication would that marriage be considered valid?. If it is valid can it be annulled?.

This "proxy" is evil, has done nothing to benefit my brother & continues to subject him to what she wants.
His suffering cannot be described & our family is devastaded. He never wanted to live like his father did after his stroked - our father had a great amount of quality in his last 4 1/2 years - my brother has none.
Please help !



Read answer

Question #75: I will do my best to make this really short. My husband and I got married June of 2000. Since then there has been a lot of problems between the two of us. On December of 2005 my husband put me out of our martial home. I was forced to go and live with my mother where I still reside. We don't have any assets or children together. I do have a son from a previous relationship and my husband has help take care of him since he was little. He never legally adopted my son as his own. My question is can I divorce my husband for abandonment or do I need to put in a legal separation agreement before the divorce can happen? My husband said that he agrees to the divorce as well. We are both New York City residents and we both don't have a lot of money for a lengthly divorce. We will like for it to be over quickly. Thank you for your help.


Read answer

Question #76: SEPARATION & DIVORCE
Hi. I'm married 15 years with 2 young boys, one of whom has special needs. We've resided in our marital home since 1996; the deed is in both our names. I'm torn between filing for legal seperation here in NYS or divorce based on grounds of cruel and inhumane treatment. My spouse has abused and "wastefully dissipated" our marital assets on sporting goods and hobbies. He has hidden cash from me and lied about it as well as hidden our income tax return in his safe at work last year. He charges up on credit cards (which are in his name), the debt in his name is now 12k. He has verbally threatened me and demeans me, shows me little affection. He can't accept our son has special needs. He gets angry and says he wishes he could run away and murmurs to himself "shoot me" out of frustration. He calls our special needs son a "baby" and threatens to punch him etc when our son has meltdowns.
My concern is for the children. I want them to have both parents on hand so to speak, especially since my special needs son has a severe mood disorder and high functioning autism.
Can I initiate a legal seperation with both of us still residing in the marital residence(we have spoken about my husband living in finished basement downstairs, with me upstairs, creating seperate entrances etc) so the children are spared. Is this even possible to do legally? Or must the parties live at seperate addresses?
He has threatened to have me out of the house in a month and that I had better get a good lawyer etc. that I'll need it. I'm scared of his reaction if I do sue for divorce, but I've been unhappy for years and it's affecting my self esteem and my health. A stomach condition has resurfaced in me, and I've lost weight. He tells me he'll never pay me alimony and tells me he knows four lawyers. By the way, I've gone to counseling for a year, he refuses any counseling, individual or marital. He says I could be his shrink. He tells me he's too tired and "who has time for therapy?" He says, he isn't a "talker" and "knows what he's got to do." He has control, anger and compulsive spending issues that aren't going away.
Please, any advice in this ongoing dilemna would be appreciated.
Thank you.


Read answer

Question #77: SEPARATION & DIVORCE
Hi. I'm married 15 years with 2 young boys, one of whom has special needs. We've resided in our marital home since 1996; the deed is in both our names. I'm torn between filing for legal seperation here in NYS or divorce based on grounds of cruel and inhumane treatment. My spouse has abused and "wastefully dissipated" our marital assets on sporting goods and hobbies. He has hidden cash from me and lied about it as well as hidden our income tax return in his safe at work last year. He charges up on credit cards (which are in his name), the debt in his name is now 12k. He has verbally threatened me and demeans me, shows me little affection. He can't accept our son has special needs. He gets angry and says he wishes he could run away and murmurs to himself "shoot me" out of frustration. He calls our special needs son a "baby" and threatens to punch him etc when our son has meltdowns.
My concern is for the children. I want them to have both parents on hand so to speak, especially since my special needs son has a severe mood disorder and high functioning autism.
Can I initiate a legal seperation with both of us still residing in the marital residence(we have spoken about my husband living in finished basement downstairs, with me upstairs, creating seperate entrances etc) so the children are spared. Is this even possible to do legally? Or must the parties live at seperate addresses?
He has threatened to have me out of the house in a month and that I had better get a good lawyer etc. that I'll need it. I'm scared of his reaction if I do sue for divorce, but I've been unhappy for years and it's affecting my self esteem and my health. A stomach condition has resurfaced in me, and I've lost weight. He tells me he'll never pay me alimony and tells me he knows four lawyers. By the way, I've gone to counseling for a year, he refuses any counseling, individual or marital. He says I could be his shrink. He tells me he's too tired and "who has time for therapy?" He says, he isn't a "talker" and "knows what he's got to do." He has control, anger and compulsive spending issues that aren't going away.
Please, any advice in this ongoing dilemna would be appreciated.
Thank you.


Read answer

Question #78: Can you live together in the same residence as room mates in New York State and file a Legal Separation Agreement or do you need to be physically living separately?


Read answer

Question #79: A wife abandoned her husband 16 months ago and now lives in a different state. Can an uncontested divorce for abandonment (no kids) be filed without the 1 year separation agreement? Thank you.




Read answer

Question #80: After you file separation papers in NY, how long does the other party have to sign or contest them?


Read answer

Question #81: My husband emailed his ex a month prior to us getting married and told her he still loves her. I found the email a couple of days ago. He denies writing it, but due to investigating on my own, I find it extremely hard to believe. Can I get an annulment, or do I have to file for divorce?


Read answer

Question #82: MY HUSBAND AND I FILED FOR A LEGAL SEPARTION OVER A YEAR AGO.
WHEN THE AGREEMENT WAS MADE. I DID NOT HAVE A LAWYER LOOK AT THEM. I JUST AGREED AND SIGNED THEM.
I HAVE BIPOLAR DISORDER. AT THE TIME I WAS IN A MANIC STATE, AND DID NOT MAKE THE RIGHT CHOICES FOR MYSELF.

IS THERE ANYTHING I CAN DO NOW.


Read answer

Question #83: Hi. I'm a portuguese citizen and my husband is an American citizen. we have gotten married for a year and 3 months but he had disappeared months ago. I tried and could not find him, my mom told me this should count as automatic annulment because we have never lived together (I was still in college with we wedded). What should I do?


Read answer

Question #84: ANNULMENT:

I HAD BEEN MARRIED TO A MAN FROM IVORY COAST AFRICA. DURING OUR IMMIGRATION INTERVIEW IT WAS TOLD TO ME THAT HE WAS MARRIED IN HIS COUNTRY. MY HUSBAND DENIED THE MARRIAGE AND SIGNED I BELIEVE TO BE A FFIDAVIT STATING HE HAD NEVER BEEN MARRIED IN HIS COUNTRY. SEVERAL WEEKS WENT BY AND A RESPONSE WAS GIVEN BY IMMIGRATION STATING THAT HE IS MARRIED IN HIS COUNTRY. CAN I GET AN ANNULLMENT OR A DIVORCE SINCE WE ONLY BEEN MARRIED FOR 8 MONTHS OR BEING THAT HIS MARRIAGE TO ME IS VOIDED MUST I STILL GO THROUGH THE PROCEEDINGS?


Read answer

Question #85: ANNULMENT:
I was married Nov 6th 2006 ..my husband and I separated Jan 2007... he got a lawyer who said we can file annulment because no one was asking for anything... and started the paperwork...my husband filed "fraud" because he wanted children and I didn't..in Jan 2008 my husband was to appear in court to show proof of fraud. apparently there was an affidavit his lawyer had me sign that was worded incorrectly. the annulment was denied...

My husband is now trying to get his lawyer to refile but his lawyer is refusing without additional money... his lawyer said it's easier to file divorce because we have been separated for a year...

if I go to my own lawyer can I still fie annulment even though it's been a year and a half since we were married...

thank you...


Read answer

Question #86: I was married in 2005 and this was based on fraud. Everything about the relationship was a lie and I quickly looked for legal advice. I was recommended to a lawyer who advised me that the divorce is through the state and the annulment would have to be done through the church. I thought I was to file for an annulment instead of a divorce so that I can move on as if the marriage never existed...in which a marriage really never did exist. Now I come to find that another friend had gotten an annulment through the state. Is there a way I can change my status? I would rather consider the marriage null and void than have a divorce on my record. What can I do? Thanks.


Read answer

Question #87:
My wife and I got married in rhode Island and have since then moved to NYC, her hometown. After a year, we were to file for immigration for myself, she is the US citizen. However, she reveals to me that she was married in New York and has no idea whether she is divorced or not, doesn't remember ever getting a divorce paper, haven't seen her ex for year and cannot find any information on any divorce or if he did file for divorce then. Has no contact with the man in years Bottom line: she has been lying to me all these times we have been together, on our marriage certificate she says first time marriage. and now she still can't prove to me she is divorced.


My question: how do I get out of this marriage? Should I get an annulment or just get a divorce. Which one is faster. we are retrieving her marriage record. How long does it take to completely get the annulment/divorce. Do we need to go to court? She is willing to sign.

Thank you


Read answer

Question #88: Hello, I've been doing some research online on divorce vs. annulment in the state of NY, trying to decide which option would be better to pursue in my situation. I've been married to my husband for about 2 years, and want to start a family and start having kids. It seemed that my husband was always on the same page with me regarding this issue, and assured me numerous times that he wants to have kids, but now that the time has come, he started out by saying that he's not so sure anymore, maybe not yet, and some time ago has told me that he decided he doesn't want to have kids at all for a number of reasons. We have talked about it extensively, but he's made up his mind and does not want to have kids, which lead me to decide to leave him, therefore get a divorce or annulment of the marriage. We have been legally separated for six months now. Researching the annulment option and the reasons for it, I understand that based on my situation, I would be able to get an annulment on the grounds of fraud, meaning his fraudulent declarations of wanting to have children before marriage, and now backing out of it. To me it doesn't really matter that much if I get an annulment or divorce, that he's agreed to as well, but in some way I feel that the marriage should've never happened because of the whole situation, therefore I'm looking at annulment. This issue is quite difficult for me in many ways, and I would like to deal with it and get it out of my life as soon as possible, without any involvement of other parties, such as parents or friends as witnesses. My questions are the following: 1 Which process is likely to take more time, based on annulment on the grounds of fraud, from the date of filing the documents for either divorce or annulment? 2 - Which option will be more expensive in terms of overall cost? 3 - Will I need to involve third parties as witnesses or anything similar to that, as in getting witness statements, affidavits, court appearances etc. from anyone else than myself and my husband? Again, my husband and I, have both agreed to a mutual divorce or annulment based on fraud, and any other issues related to finances and such have already been settled. It's just a matter of legally ending our marital status. We are both interested in getting this done as quickly and as cost efficiently as possible, and without any involvement of third parties. Thank you in advance for your time and any advice you might help me out with.


Read answer

Question #89: I wanted to ask a question. I currently reside in PA. I was visiting Texas in May of this year, and got married. He currently lives there. The original plan was for me to move over there, and us start a life together. Well after we got married I found out that he is awaiting to go to court for 2 counts of assault, and also that he has Hepatitis. Would I be able to get an annualment, and if so can I file in the state of PA even though we got married in TX? Is there a certain timeframe that I have to file? I would prefer to get an annualment versus a divorce. Any advice would be appreciated.


Read answer

Question #90: Hi,

If I filed spouse separation with my wife(New York).

1)Will my wife still get the my spousal health benefits thru my employer?
2) How long is the duration of separation before I need to, if we can go back together or file for divorce?
3) If we get back together, will we need to remarry or any complicated procedure?



Read answer

Question #91: Hi,

If I filed a spousal separation with my wife(New York).

1)Will my wife still get the my spousal health benefits thru my employer?
2) How long is the duration of separation before I need to, if we can go back together or file for divorce?
3) If we get back together, will we need to remarry or any complicated procedure?



Read answer

Question #92: Hi I hope you can help me. I fell in love with a girl on line through a friend of mine I live in The Netherlands and she lived in NY. We had an internet romance & I was truly smitten. I am a 58 year old Widower from the UK and thought I had finally met my "Soul Mate". I went to NY for a weekend to physically meet her. She said she loved me and wanted to make a life with me in Holland. On December 26 I flew to NY and bought her ticket to return here with me. While in NY we married at the Town Hall. After coming here she decided she didn't "like" me anymore and wanted to reunite with her ex-partner. Her ticket had already been paid for in my original packet on December 26. On January 28 not even a month after we married she returned to NY. I never heard from her again. I am collecting Widow Benefits from the UK and was about to report my marriage to them thus loosing these benefits when she left me. I have 2 teenage sons and find it impossible to take care of them if I lose my benefits AND a wife at the same time. Can you please help me? An annulment is the only way I won't lose out financially. Thanking you in advance.


Read answer

Question #93: My husband and I got married in April 2010. We had a very short courtship (4 months) in which we had sexual relations. We got married and haven't had sex since. We are more like roommates than husband and wife. We don't even kiss.

We have decided to get divorced, we still live together and probably will continue to live in the same apartment due to financial hardship, but that is it. Can we file for divorce and get a quick divorce for the reasons of "no sexual relations"?

Please advise.

Thank you.


Read answer

Question #94: My husband and I have been married for 8 months ago in the state of NY. He wanted a child and I agreed even though I'm in my 40's. We have not been able to consummate the marriage. On our honeymoon I realized he had a problem and asked how long has this been a problem for him and he said a week and a half before our wedding date. We went to the doctor the next week and he was given medication and he still has not able to perform. I believe now that he lied about the week and a half. He is very inexperienced and I suspected that he was a virgin, never thought that he was inexperience because he had a problem. We have been separated for 7 weeks because he has become very mean and cold, besides lots of other issues.

I want to file for an annulment, I feel I qualify under the Domestic Relations Law "Incapable of entering into married state from physical cause DRL 7(3) pursuant 140(d)" I don't think he will contest but if he does how can I prove that he had this problem before our marriage. I want this to be quick and easy as possible for both of us.



Read answer

Question #95: I am a UK citizen who went to NYC to marry my partner of 3 years in New York in March of this year. We married on March 20th, I was aware that because of his beliefs he didn't hold the legal entity of marriage in high esteem but he said he loved me and wanted us to be together permanently in New York. We argued on the night of the wedding because of another woman he knows and didn't consummate the marriage. Several days later he asked me to leave the apartment I shared with him and stated that the marriage was over. I flew back to London. I asked him to agree on the terms of the annulment (if non consummation is a ground) and he refuses stating that he has no money to file and this will cost him in various ways (I don't understand how as I don't have extensive knowledge of your legal system). He has stated that the relationship is over and has continued to be verbally abusive throughout the course of the last few weeks. I have no legal recourse to his assets and even if I did I wouldn't want anything from him. I know I can't file as I'm not a resident but my fear is that he will file on the grounds of fraud by saying that I forced him into the marriage when I didn't. I have a collection of text messages and I may even have some where I clearly ask him if he really wants to do this with me as I only intended to marry once in my life. Much of what we discussed was verbal. I don't want a claim such as that to affect me in the future if I have to come to the USA for work or any other reason.

I really don't know what to do. Is there anyway I could file?

Read answer

Question #96: Hello, and thank you for this opportunity. My wife and I are New York residents, we were married 3 months ago
during our courtship we rarely were intimate due to religious convictions, I asked my fiance at that time on a number of occasions, in a number of ways if she had an issue with being intimate, she assured me that she only had reservations because we were not yet married, and that once we were married that she would be willing to be intimate. Well as I have stated we have been married 3 months and I have determined that this was untrue, because she refuses to be intimate. I have also discovered that she as well as her family have a documented history of mental illness, (paranoid schizophrenia) she refuses to accept the fact that she has mental issues even-though they have been documented, and she has been admitted to emergency psychiatric care on two separate occasions, she refuses to take the medication she was prescribed, and I wonder if this situation is grounds for annulment in New York state?



Read answer

Question #97: My husband and I live in the USA, he is still legally married to me. He left and got married to somebody else in Australia. Can he or I annul the marriage between he and the Australian woman?


Read answer

Question #98: I'm asking this for my friend. She is a legal citizen for 2 years. She is from Columbia married 20yrs to a man from Ecuador. 3 yrs ago he went back to Columbia when his mother died because he was left a lot of land. According to his mother's will he has to stay in Ecuador. My friend feels abandoned and has asked for a divorce several times but he refuses. I tell her because he had left her for 3 yrs she doesn't need his permission. She has no money and is struggling since he left. Can she obtain a divorce without his consent and is she untitled to any money from him?

Read answer

Question #99: Got married in Florida about 7 years ago. 3 years ago my wife left to NY where her family is and never came back. So I filed for a divorce and she never responded after several attempts to serve her the papers and even posting in the newspaper where she lived. So the judge finally finalized the divorce. Now I am being ordered to court in NY for spousal support or maintenance? Can this be done as we have never lived in NY as a married couple and the divorce is already final in FL.


Read answer

Question #100: I married my husband on the 22nd July 2015. I am from the UK and he no longer wants to be married for reasons of change of heart. so I have returned home to London since November 15th. I recently was exposed to him speaking and potentially sleeping with other women before we had discussed divorce and during our separation. The times over lap. So to me this is adultery. He hadn't served any papers in the 2 weeks after he decided he wanted a divorce up until yesterday he then explained he had them drawn up under the circumstances I was just trying to get citizenship papers, which to me is defamation of character, Before i left we were separating and over the months it has deteriorated so I have accepted his want for divorce even though it isn't what I want but I never married for papers as he is kindly putting it. He is telling me I do not have to sign and he will email me the details.

I just want to know my right and if he can have that drawn up without my acceptance. He does not have my address in the UK and I believe these things have to be sent via post and not via email. I have no reason not to sign for a divorce or annulment as itís become very heartbreaking with women sharing stories with me but I can't accept he can just file under false reasons when it was his decision based on just not wanting to be married anymore.

I really appreciate your advice as in England the law is different and as I got married there I understand its under New York State law.


Read answer

Question #101: Hello,
My husband and I are looking to get a divorce, but I was wondering if we could get an annulment since we never consummated our marriage. We have been married for just over a year. It would be in the state of New York.




Read answer