Divorce Solutions

Oct 27, 2018

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

I assume from your question that there are no children and none expected. In cases of short term marriages, such as the one you describe, the courts will consider the fact that the parties have only then married for a few months and will allocate the marital property accordingly. There will probably be some allocation […]

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Oct 27, 2018

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.

Each state has its own statutory requirement for an annulment; with regard to the New York state requirements, please refer to a previous question and answer which discussed the criteria. Based on the information you presented, your marriage was a legal marriage, and would not qualify for an annulment under New York law. Leonard M. […]

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Oct 27, 2018

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!

Different states have different criteria for determining when it will allow for annulment. In the state of New York, for instance, the duration of the marriage is irrelevant. The basic question around which an annulment will be granted is whether the parties were of age and mental capacity to understand the significance of act in […]

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Oct 27, 2018

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.

You have not indicated which state you are presently residing in and therefore I cannot tell you with certainty what the residency requirements are which you will need in order for your state to accept jurisdiction over this divorce matter. It will not be necessary to return to be Philippines to get your divorce. But […]

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Oct 27, 2018

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?

Legal separation and divorce are distinct legal processes. Legal separation is meant to divide the assets of the married couple, provide for separate living quarters, if they so desire, and in general provide for separate and individual financial responsibilities from the date of separation. It would entail the drafting of a Separation Agreement in which […]

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Oct 27, 2018

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?

A Legal Separation entails the parties entering into a Separation Agreement in which they spell out all of the various decisions they have agreed upon with regard to such matters as child custody, child support, spousal maintenance, spousal support, and the division of marital assets. In order for it to be legal, it must be […]

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Oct 27, 2018

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?

Sounds like you have been duped! If this is really so and she has fraudulently misrepresented her feelings toward you and entered into the marriage based on such misrepresentations, you may sue for an annulment. Contact the clerk of the court having jurisdiction over your matter for details about filing for an annulment. Good luck! […]

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