ANNULMENT, SEPARATION, & DIVORCE

Oct 27, 2018

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/?

In order to properly answer your question, I would have to review the terms of the executed Separation Agreement you are referring to. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to review the agreement and answer any additional questions you may […]

Oct 27, 2018

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.

Child custody and child support are necessary elements in any legal Separation Agreement. There are defined statutory requirements for child support, depending on the number of children and the incomes of the parents, but the parties can deviate from this statutory requirement if they provide for the adequate support, education, and medical care of the […]

Oct 27, 2018

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?

Each state has its own requirements regarding what constitutes a legal document. It important to have the Separation Agreement prepared by a New York attorney in order to be sure that it will be recognized in New York. It is a common misunderstanding that one has to wait a year before one can get a […]

Oct 27, 2018

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

There is a residency requirement in New York, in order for the New York courts to have jurisdiction over your matter. Please refer to the Hot Topics section on my web site, Divorce Solutions.com, which discusses annulment for further details regarding the grounds for an annulment. If you are living in the New York City […]

Oct 27, 2018

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.

You must fulfill the requirements for grounds for an annulment. Which include fraud in the inducement to marry, under age, or bigamy, etc. Please be aware that there are records in New York of annulments as there are records of divorces. If in fact, your husband has committed adultery that is grounds for you to […]

Oct 27, 2018

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.

Until you receive a Judgment of Divorce and it is filed in the county recorder’s office, you are still considered married. Is a married person allowed to date? If you are living in the NYC metro area, call me at 212-370-1660 to discuss mediating your divorce and getting you the freedom you need to get […]

Oct 27, 2018

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.

From the information that you provided, you may have grounds for an annulment. You will need a third-party witness to provide some type of affidavit to the effect that your wife agreed to have children , and in fact , now says that was not true. If she will not contest the annulment, I believe […]

Oct 27, 2018

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!

By utilizing my services, it is possible to enter into a Separation Agreement with the terms as you spell them out above, as long as we have the cooperation of both parties. If you’re living in the New York City metropolitan area please call me at 212-370-1660 to discuss the matter at greater length. Leonard […]

Oct 27, 2018

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.

You, like many others in New York , are misinformed regarding the one year requirement. If you and your spouse are in agreement and both wish to divorce, it is possible to choose one of the acceptable grounds other than the Separation Agreement, and to file for the divorce immediately without waiting the one year […]

Oct 27, 2018

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.

Among the many advantages of divorce mediation, is the ability to design your Separation or Divorce as you wish, rather than be forced to accept a decision imposed by a judge who does not know you or your situation. It is definitely possible to make such a legal separation as you describe, but it must […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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.

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?

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

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.