ANNULMENT, SEPARATION, & DIVORCE

Oct 27, 2018

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

You mention that you drew up the Separation papers. It is important that the Separation Agreement be reviewed by a competent attorney to make sure that it satisfies all of the legal requirements and that you have covered all of the significant areas necessary in order to get a legal separation in New York. Separation […]

Oct 27, 2018

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.

The Divorce process is much too important to leave to self help. You should engage an experienced attorney -mediator in your area to make sure that you have covered all of the issues and can get on with your life without worrying that your mistakes will come back to haunt you later in life. You […]

Oct 27, 2018

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. It’s so interesting and informative.

The place to file for divorce depends on where you or your spouse resides and for how long. If your spouse resides in NY for over 1 year, you can file in NY. In order to get an annulment you will need to satisfy the grounds for annulment such as fraud in the inducement to […]

Oct 27, 2018

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.

You need to file for divorce and you will have to locate her a serve her with a Summons and Complaint. If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter. Leonard Weiner, Esq./Divorce Solutions

Oct 27, 2018

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.

You or your spouse must be a resident in New York State for a minimum of 1 year in order for New York to have jurisdiction in your matter. Citizenship is not required, but residency is. If you are living in the NYC metro area, please call me to arrange for an appointment to discuss […]

Oct 27, 2018

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.

New York State recognizes foreign divorces. Unless either of you contest the divorce New York will accept it. You do not have to do anything in New York. If you wish to remarry in the US, you would provide the county clerk’s office in the jurisdiction you are seeking to re-marry a certified copy of […]

Oct 27, 2018

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.

If you have an executed court order from the judge, you can use that as the grounds for divorce, but you will have to wait a year before you can apply for your divorce. You may get divorced immediately, however, if you use other grounds. If you are living in the New York City metropolitan […]

Oct 27, 2018

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?

Many people are under the common misunderstanding that one has to wait a full year in New York, in order to file for divorce. In fact it is possible to file for divorce immediately, depending on the grounds one uses as the basis for the divorce. If you use the Separation Agreement as the grounds, […]

Oct 27, 2018

Question #53: ANNULMENT My wife and I got married on July 8’Th 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?

Yes. If you did not tell your wife that you would be unable to have sexual relations with her because of your medication, that should be grounds for an Annulment. If you are living in the NYC metro area, please call me to arrange for an appointment to discuss the matter at greater length. Leonard […]

Oct 27, 2018

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.

You may file for divorce in the state in which you are living. It is not necessary for your spouse to be present, but you will have to serve him with a summons and complaint. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

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?

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.