ANNULMENT, SEPARATION, & DIVORCE

Oct 29, 2018

Question #3: I am planning to ask my husband for a separation, but I don’t know what that means legally. What kind of property I hold on to is not my main concern – I want it to be a civilized parting.

A Separation Agreement should include decisions regarding child support, child custody, spousal support, division of marital property, life insurance to cover the life of the party providing support, tax matters, payment of outstanding marital debts, religious divorce, etc. among other matters which must be decided before the parties and separate. Do not underestimate the significance […]

Oct 27, 2018

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.

The requirements for an Annulment are more stringent than for a divorce. NY keeps records of annulments just as it keeps records of divorces. If you are living in the NYC metro area, pls call me at 212-370-1660 to arrange for a meeting to discuss Mediating your annulment or divorce. Call me. I can help. […]

Oct 27, 2018

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 it’s 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.

Under NY Law, there is a NO FAULT provision that allows a spouse to file for divorce after 6 months of marriage based on irreconcilable differences. However, you must be served in person with a Summons and Complaint; regular mail will not suffice. Email may be accepted by the Court, but only after providing the […]

Oct 27, 2018

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.

Try sending the NY Court a copy of your Judgment of Divorce from FL And the Order from the FL Court regarding spousal support and division of marital assets. Good Luck! Leonard Weiner, Esq.?Divorce Solutions

Oct 27, 2018

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?

If she is a resident of NY for 2 years or more she can sue for divorce without his consent based Upon the no fault provision of the NY domestic relations law. She will have to serve him w/ a summons and complaint. If she is located in the NYC metro area, she should contct […]

Oct 27, 2018

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?

There’s no law against someone obtaining a divorce and marrying another person, however, there is a law against marrying one person, and then marrying someone else while the former union is still legally recognized – an act known as bigamy. Bigamy is an offence in all States and Territories in Australia, and using s 360(1) […]

Oct 27, 2018

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?

If the information you provided is accurate and there are people who can testify that Your wife does in fact have mental problems that can be documented, I believe you would have grounds for an annulment in NY. If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for […]

Oct 27, 2018

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?

If either party is a resident of New York State for more than one year and the marriage took place in NYS, either party can sue for divorce. You do not have to be a citizen of the US to file for divorce. Please call me at 212-370-1660 to discuss the matter at greater length. […]

Oct 27, 2018

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.

DRL 140: (d) Physical incapacity. An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; …. Such an action can be maintained only where an incapacity continues and […]

Oct 27, 2018

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.

Under the new No Fault law in NY, you can file for divorce. Please call me at 212-370-1660 to arrange for a meeting for the 3 of us to discuss the matter at Greater length. Leonard Weiner , Esq./Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

ANNULMENT, SEPARATION, & DIVORCE

Question #3: I am planning to ask my husband for a separation, but I don’t know what that means legally. What kind of property I hold on to is not my main concern – I want it to be a civilized parting.

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.

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?