GROUNDS

Oct 29, 2018

Question #123: I cannot find anywhere on the internet if it is legal or not to be served with divorce papers while you are pregnant. My husband is in the Air Force and is deployed just outside Iraq. He wants a divorce. I am pregnant and due just one week shy of his return date to Germany where we were both living. Just before he left for deployment, I moved back home to Upstate NY. We agreed beforehand (knowing I was pregnant) that the marriage has long been over (we have only been married 11 months). He put a hold on the orders to send my personal items/belongings/furniture back to me in NY until he gets back to Germany from deployment in November. I have a baby on the way, and cannot get an apartment with no furniture. I should probably inform you as well that he is scamming the government by collecting dependent pay (money he gets to support his dependent, which would be me) and he has not sent me a penny since March 15. It is now May 22. I’m sleeping on my mother’s couch while looking for a job and an apartment, but as I stated before I cannot get an apartment without furniture due to the fact that I have a baby on the way. He wants a divorce and I had a message today on my answering machine that someone was trying to get ahold of me to serve me divorce papers. As I said, I am pregnant. I know in some states it is illegal to serve a pregnant woman with divorce papers. Is this true in NY? I’ve tried contacting the Legal Assistance office at Fort Drum to get answers, but no one will talk to me. Please help. Thank you.

I am not aware of any such statute and to the best of my knowledge there is no such restriction in NYS. Your spouse will need grounds to get a divorce in NY and you can contest the grounds if you do not want the divorce. You both should seriously consider mediating your divorce. Leonard […]

Oct 29, 2018

Question #121: 2 years ago I filed for divorce in New York for actual abandonment and cruel & inhuman treatment, but before the divorce went through (it was written up and filed officially with the county) my husband decided he wanted to come back and work on the marriage. I took him back and dropped the divorce. 2 years later things are not much better and possibly considering again. Can I file again under the same grounds? Or is he the one who has to file now?

If the grounds are true, meaning he has abandoned the household or he is acting in a way that would satisfy the criteria for “cruel and inhuman treatment”, you would be able to file again. If you are living in the NYC metro area, I strongly urge you call me at 212-370-1660 to arrange for […]

Oct 29, 2018

Question #118: separated from my wife almost a year ago, Im in the process of getting a divorce but she is contesting it. I dont have the money to afford a long battle. When i left i gave her everything i only took personal things. there is no property and 1 vehicle that i left with her. What can she contest theres nothing to fight for. We were married a little over one year and were married in new york state. Thank you for your time.

New York State requires grounds for divorce. She may be contesting the grounds for the divorce. I strongly suggest that you seek an attorney-mediator to handle your divorce rather than “do it yourself”. This is too important a matter to leave to self help. If you are living in the NYC metro area, please call […]

Oct 29, 2018

Question #108: I was wondering how long you have to wait to get married after a divorce in NY state? My boyfriend is in the middle of his divorce. We want to get married as soon as possible. He and his X have been separated since 2000, We met in 2002.

The length of time one has to wait depends on the grounds that one used in order to get the divorce. If one used a written separation agreement as the grounds for the divorce, one would have to wait a year after filing the separation agreement with the county court. If one used cruel and […]

Oct 29, 2018

Question #106: I got married in the Philippines 2004 and went back to Ireland and got seperated in 2-3mos just right after the marriage. I wasnt able to file a divorce/annulment due to some financial reasons. My question is, can i file for a divorce here in CA. though i am just on a visitor’s visa? I am about re-marry soon with my fiancee who is an American Citizen. Please enlighten me. I will greatly appreciate, Many thank’s

Every state has a residency requirement before it will entertain a divorce proceeding. You must be a resident of the state inwhich you are filing. Where are you living presently and how long have you lived there? Where are you permanently residing? Where is your legal domicile? These are all questions that must be answered […]

Oct 29, 2018

Question #105: GROUNDS: My husband separated from me 3 times for a period of 1 year the first two times and going on 2 years the 3rd time. He separated from me March 2005 after I gave birth 5 months prior. Within the last 3 months we have had martial relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and already obtained a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexually relations terminate those grounds? Will I have to wait a period of time (1 yr) without sexually relations with him in order to use this grounds for our divorce, or are their any other options. Thanks for any advice.

You cannot use the grounds of Constructive Abandonment if you are continuing to have sexual relations together. You, however, can use other grounds that will allow you to file for divorce immediately. If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for an appointment to discuss the […]

Oct 29, 2018

Question #104: GROUNDS My husband separated from me 3 times for a period of 1 year the first two times and going on 2 years the 3rd time. He separated from me March 2005 after I gave birth 5 months prior. Within the last 3 months we have had martial relations, but no discussion of reconciling. He has told me that it’s over, he doesn’t want to come back. I already obtained custody of our daughter and already obtained a support order, which he has been paying. My question is: Can I file for divorce with grounds of constructive abandonment? Or does the fact that we had sexually relations terminate those grounds? Will I have to wait a period of time (1 yr) without sexually relations with him in order to use this grounds for our divorce, or are their any other options. Thanks for any advice.

Oct 29, 2018

Question #100: I live in Long Island, NY. I was married in Sept. 00 in New york. I have 3 children with him. In january of 01 my husband was sent to prison for 2 years and 6 months. He was released and went to live with his mother because he did not want to take care of his kids. 2 months later he was sent back to prison for a year. During that time I filed for a divorce. When he came back out he was abusive physically and verbally when he realized that I filed for divorce. On 2 occasions I called the police and I have an order of protection against him. He has since come and gone back to jail and he will be released in 08. Under what grounds could I file since he has not been in jail for consecutive 3 years? Could I file for just abandonment?

You cannot use the 3 year incarceration grounds, or the abandonment grounds , since the abandonment was les than 1 year, but you may try using the “cruel and inhuman treatment ‘ grounds since you claim he is both physically and verbally abusive. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #99: Question: My sister lives in upstate N.Y. near where we grew up. She has been married for 37 years still living in the same area. After her husbands many affairs and the most recent one lasting over 2 years she could no longer keep her sanity and moved out. She had asked him to leave for months and he refused. He seems to be in no hurry to get a divorce because he “can have his cake and eat it too.” He resides in their family home. She only makes $215 a week and is finding it difficult to make ends meet. She talks of getting a divorce, but can not afford one. If she filed for the divorce could the courts make him pay for it? Also, what are the repercussions if she waits to file for a divorce? Someone told her she would lose everything if she did not get it over with. Can this be true? Is there a waiting period before she can file for a divorce or before a divorce is final? Thank you so much for your help.

If your sister is unable to pay for an attorney, the court will force her husband to pay for her attorney . I am not aware of any repercussions for waiting to file for a divorce. I do not understand exactly what your concern is. With regard to the waiting period of a year before […]

Oct 29, 2018

Question #97: I was abandoned by my husband 2 yrs ago in nys can i file a solo divorce and what is the price. and i have a 9 yr old boy that lives with me.

Yes, you can file for divorce if you are still living in NYS. Do you know how to contact your husband? You will have to servE him with a summons and complaint. My fee is $300 per hour; the total fee will depend on how many hours it takes to discuss all the issues, such […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #108: I was wondering how long you have to wait to get married after a divorce in NY state? My boyfriend is in the middle of his divorce. We want to get married as soon as possible. He and his X have been separated since 2000, We met in 2002.

Question #97: I was abandoned by my husband 2 yrs ago in nys can i file a solo divorce and what is the price. and i have a 9 yr old boy that lives with me.