ANNULMENT, SEPARATION, & DIVORCE

Oct 27, 2018

Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again? Thank you.

You should engage in an experienced attorney-mediator a to take you through the steps necessary for your separation and the divorce. These matters are too important to leave to self “home improvement” techniques. You should enter into a Separation Agreement with your spouse in which you outline all of the terms and conditions of the […]

Oct 27, 2018

Question #19: I’m married now for 5 months. Is it possible for me to get an annulment? If so what can I do if he refuses to sign the annulment papers? Also, is it possible for me to get the annulment without him knowing?

Please review some of the questions and answers on the homepage of my web site regarding annulment. You’ll have to prove some form of fraud or under -age or bigamy or meet the other grounds or criteria in order to get an annulment. Secondly, you will have to inform your spouse and you’ll have to […]

Oct 27, 2018

Question #18: My husband and I just separated and we have 19 year old son. we are still great friends and we are making it as easy as possible. should we file for a legal separation?

It is essential that you file for a legal separation, otherwise you will continue to have all of the same responsibilities and obligations of a married couple. It is also important to spell out in writing, exactly who shall have custody, who shall be the resident parent of the child, child support, spousal support, separation […]

Oct 27, 2018

Question #17: I have been married for 18 months, I recently found out that my wife had a relationship prior to our marriage and has been in constant touch with him after marriage. she misrepresented herself to me as if she was simple, honest person who had no previous relationships. I would have never married her if she would have told me the truth prior to our marriage. Can I file for annulment based on fraudulent misrepresentation.

I do not believe that such a misrepresentation would be sufficient to qualify for fraud under the annulment statute. You can, however, sue for divorce which is basically the same process as annulment. If you’re located in the New York City metropolitan area, please give me a call at 212-370-1660 to discuss the matter at […]

Oct 27, 2018

Question #16: If both parties agree, can a separation agreement be back dated in NY State to speed up the divorce process?

There are alternate grounds that may be used instead of relying on the Separation Agreement and waiting a year. These other grounds do not have a one year waiting period and the divorce can be filed for immediately. If you are located in the metropolitan New York City area, and are interested in considering mediating […]

Oct 27, 2018

Question #15: I have been married now for about 3 years and I have had a problem with my husband in that we have not been able to have sex in the past years. I understand that this is a case for annulment, since he is not capable of getting an erection, however, I am not 100% sure if it is grounds for annulment. Untill now I felt bad for not wanting to stay married to him but I have reached my limits in understanding since he is not even trying to improve the situation…what do I do and how do I go about this situation?

The inability to have an erection is not, in and of itself , grounds for an annulment. In order to get an annulment, you’ll have to prove some form of fraud, and prove that you discussed having children with your spouse before the marriage and he assured you that he was capable of having children […]

Oct 27, 2018

Question #14: Do you have to have a separation before divorce?

You did not indicate what state you were living in, but in New York although it is not technically necessary to have a separation before the divorce, in practical terms it is important to enter into a Separation Agreement spelling out the exact terms of the separation, (including child custody, child support, spousal support, division […]

Oct 27, 2018

Question #13: I live in New York State and have agreed to and had a fully executed Separation Agreement filed with the Clinton County Clerk’s Office. Is it legal to now reside with another woman? Is this a proposition that could cause me trouble?

Until you receive a signed Judgment of Divorce from the Court in your jurisdiction you are still considered legally married and prohibited from living with another woman. You must file the necessary divorce papers to remarry and to terminate the first marriage. Leonard M. Weiner, Esq. Divorce Solutions

Oct 27, 2018

Question #12: What is the time frame to have an annulment?

In order to properly respond to your question I must have additional information such as which State will have jurisdiction over this case, what are the grounds upon which you are seeking annulment, etc.Under the New York Domestic Relations Law, section 140, an action for judgment declaring nullity of a void marriage or annulling a […]

Oct 27, 2018

Question #11: My wife abandoned me two years ago (after 8 years of marriage). On 8/9/95 she calls me at work saying she wants to take off for a month in Florida to think but she wants a divorce and we’ll talk when she returns. After a month I tried to get in contact with her through her family but she wouldn’t return any of my messages. (I later found out that she was really in Puerto Rico with a male companion) I haven’t heard from her since until 10/8/97 when someone knocked on my door at 10:30pm to give me a Summons (with Notice). It seems that the summons is an action for divorce on the grounds: DRL140 (1)?? She seeks an equitable distribution of marital property ?? What does DRL140 (1) mean???? and do you have any advice?? I never went through anything like this. And I’m desperate. I have twenty days to reply to the summons, Please e-mail me as soon as you can.

DRL Section 140 [ there is no Section 140(1)] deals with the annulment of marriages based on six specific grounds: 1) former husband or wife living, 2) party under age of consent; 3) party mentally retarded person or mentally ill; 4) physical incapacity; 5) consent by force, duress or fraud; 6) incurable mental illness for […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #20: I know that I have to file paperwork and such in order to be considered legally separated. Does Legal separation automatically lead to divorce? If so how long does it take? What if during our legal separation we decide to get back together again? Thank you.

Question #19: I’m married now for 5 months. Is it possible for me to get an annulment? If so what can I do if he refuses to sign the annulment papers? Also, is it possible for me to get the annulment without him knowing?

Question #18: My husband and I just separated and we have 19 year old son. we are still great friends and we are making it as easy as possible. should we file for a legal separation?

Question #16: If both parties agree, can a separation agreement be back dated in NY State to speed up the divorce process?

Question #14: Do you have to have a separation before divorce?

Question #13: I live in New York State and have agreed to and had a fully executed Separation Agreement filed with the Clinton County Clerk’s Office. Is it legal to now reside with another woman? Is this a proposition that could cause me trouble?

Question #12: What is the time frame to have an annulment?