ANNULMENT, SEPARATION, & DIVORCE

Oct 27, 2018

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.

It may be possible to have the Separation Agreement nullified under the circumstances you describe, especially if you were under duress by your spouse or his attorney. I would have to review the Separation Agreement to see what exactly you agreed to and how one-sided the Agrement is. If you are living in the NYC […]

Oct 27, 2018

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?

From the information you provided, it sounds like you will not have sufficient grounds for an annulment. You can file for divorce, but you will need to prove grounds for divorce as well. If you are living in the NYC metro area, please call me to arrange for a meeting to discuss mediating your divorce. […]

Oct 27, 2018

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

You must file a Summons and Complaint for Separation as you would for Divorce and have it personnally served by a process server on the othet party. The other party then has 20 -30 days to reply with an Answer. The procedural and legal requirements require the advice of experienced counsel and should not be […]

Oct 27, 2018

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.

They can use abandonment as the grounds and then there will not be any necessity to wait one year after the Separation Agreement is executed. Please have the couple call me at 212-370-1660 to arrange for a meeting to discuss mediating the divorce. I can help them so they will not have to make any […]

Oct 27, 2018

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?

It is possible to still live in the same house if the legal papers are prepared properly. If you are located in the NYC metro area, call me. Leonard Weiner, Esq./Divorce Solutions

Oct 27, 2018

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.

It is possible through mediation to arrange for a Separation in which each party remains in the house. Do not listen to his threats regarding throwing you out or not supporting you. If he has been supportng you and the children for the past 15 years, the court will make him continue to do so. […]

Oct 27, 2018

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.

Oct 27, 2018

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.

I strongly suggest that you seek experienced, matrimonial, legal counsel to help you sort out your separation and divorce. It is too important a process to leave to self help and although it may cost you now it will save you much money and aggravation in the future. Please consider mediating your divorce – it […]

Oct 27, 2018

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 !

From the information that you provide, it sounds like you have an excellent chance to have this marriage annulled. It could very well be that the document was not prepared properly and the marriage was not legal in the first place. I would have to review the actual filing and check the county clerk’s office […]

Oct 27, 2018

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 haven’t spoken to him since. The “marriage” 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!!

If you intentionally entered into the marriage solely for the purpose of providing your roommate with immigration status in United States , you would be theoretically subject to a claim of fraud , but it would be hard for the prosecutor to prove that you had intent to defraud. In order to get an annulment […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

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.

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?