GROUNDS

Oct 29, 2018

Question #78: I and my wife decided to divorce in NY State. it will be an uncontested. We have agreed to get divorce but we haven’t separated for one year. Is it possible to get divorce? or Do we need to be separated for one year?

It is possible to get divorced without waiting one year, depending upon the ground upon which the divorce is based. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #75: I have been separated from my husband since 11/2001 and i am in the process of filing a divorce representing myself and i wanted to know whether it is legal to file for a divorce without a legal separation. I would really appreciate it you can help me in any way. Thank you for your time.

The divorce process it is too complex and important to leave it to yourself to do. I strongly suggest that you engage an attorney-mediator experienced in divorce and matrimonial matters who can assist you. No legal separation is necessary if you have other acceptable grounds upon which you are suing for divorce. You can see […]

Oct 29, 2018

Question #73: I have not been living with my wife for 13 years. She will not give me a separation or divorce. In New York state is there any way around this.

You do not need your wife’s consent in order to get a divorce in New York State. You can sue her for divorce if you have one of the six grounds for divorce which are enumerated in the section on the homepage of my web site dealing with jurisdiction and grounds. If you have not […]

Oct 29, 2018

Question #70: Dear Sir, thank you for providing this web site. The faqs posted are very helpful. My question is a simple one (I’m in new york state by the way): if both spouses are still living together but both agree to divorce, can they file for divorce immediately, or do they still need to separate for 1 year before filing for divorce?

Most people are under the mistaken belief that New York State requires a year of separation before one can get a divorce. That is in fact not the case. Assuming that both parties are in agreement with regard to wanting to divorce, we can agree on grounds in which we will be entitled to sue […]

Oct 29, 2018

Question #69: If one’s spouse is disabled and dependent on the other, can the other get a divorce while WILLING and promise to continue to support the other? There has been no sexual relationship for years due to illness and also no emotional attachment between us. I have found my true love and don’t want to be chained to a loveless marriage for life. At the same time I know I’m being depended on. For this purpose all I want is a consent to divorce and I’ll give whatever I can. We have no children. Is a divorce possible in this situation? What’s the best ground? Thank you for your answer.

No one should be forced to stay in a loveless marriage against one’s will. However, you should seriously consider the number of years that you are married, how much of that time has been spent together as a loving couple, and what you would have wanted had the roles been reversed. If you still believe […]

Oct 29, 2018

Question #67: My “future” wife and her husband were married in 1996. The marriage was consummated sexually (1) time. He has lived with his parents for the past 3 years. She has lived alone in her home, which she owned prior to the marriage for that period. She would like to file for divorce. My questions are, What would constitute “abandonment” and “cruel and inhuman treatment.” She has written documentation of numerous cases of verbal abuse, supposed accidental property damage and slanderous statements. What would be the quickest way to obtain a divorce and how long would it take. Thank you for your assistance.

You do not mention whether your future wife is living in the New York State. Both of the two grounds which you selected, “abandonment” and “cruel and inhumane treatment”, unless the parties were in agreement not to contest such grounds, would have to be determined by a court after testimony supporting the grounds selected. In […]

Oct 29, 2018

Question #65: My husband and I reside in NY State. We have been married for 4 1/2 years. We have not had marital relations for the last 2 years. I stopped that part of our relationship when the requests got too weird. In December I found out he was video taping me in my shower without my consent. We have no children, but own a home together. Our savings accounts are not joint and never were. I earn twice the amount of money he does. I would like to keep our home. Would this require a fair market buy out value? Does he have any right to my savings account? Do I have adequate grounds in NY State to file for divorce?

Unfortunately, New York State still requires grounds and, although your husband’s videotaping you in the shower is, as you say “weird”, it is not a ground recognized by the statute. You would have to prove “cruel and inhuman treatment”, which may include the videotaping, but most likely would require other acts which indicate some fear […]

Oct 29, 2018

Question #60: My husband and I have been married almost 23 years. During the course of our marriage, he has had 2 affairs. Both times he moved out after putting me through a lot of verbal abuse. Both times, I took him back. The last affair, that I know about, was 9 or 10 years ago. This past year I went through an emotional roller-coaster. My brother was diagnosed with terminal brain cancer. He and his family lived 3 1/2 hours from me and I spent most of the year traveling back and forth to spend time with him. Not to mention, I had to be the strong one for my parents, my 2 kids and my brother’s wife and 3 small children. My husband gave me no emotional support, although I begged him too. In fact, at times, he seemed to try to make things more difficult. After 10 months , my brother died in November. I still was expected to stand strong for everyone else, which left me no time to grieve. Again, my husband was no help emotionally. Everything came to a head in late March of this year.I told my husband that I loved him but I wasn’t sure that I was still “in love” with him and that I might want out of the marriage.I told him,that at the very least, I needed time for myself to regroup and find myself after losing my brother, who was a major part of who I am. My husband moved out a few days later. He never gave me his address or phone number, although I could reach him at work.He continued to pay the bills but he closed out our joint bank account 2 weeks ago.On July 3, I was served with divorce papers. He is charging me with “cruel and inhuman treatment”. I am employed through the school district but I didn’t apply to work summer school because he had asked me not too so I’d be available to go on vacation. Of course, this was before he left. Now it’s too late to work summer school, so I have no income at all.He knows that I cannot afford a lawyer to defend myself. I have several questions. First,if I can convince him to do so, is it too late to change the grounds of divorce?If it is, how would these grounds affect the outcome? I only earn about $8,000 a year compared to his $50,000 a year.My second question is, since I just received the summons, is it too late if he agrees to it, to drop the divorce action and get a legal seperation instead? My third question is, if he wants this so badly, can I legally have him pay for my lawyer? Isn’t it required that I have the right to representation? We live in Upstate NY and we have 2 children. Our son is almost 21 but our daughter is only 17 and soon to be a senior in high school. I’m scared and desperate here. I only have 20 days to respond to this summons and as I said, I have no money to retain a lawyer.I hope that you can help me with some answers to my questions.

He can amend the complaint to change the grounds. you can, in any case, deny the grounds and contest the divorce or you could deny the grounds he claimed and counter sue him for divorce based on the same or other grounds. He can amend or drop the suit at any time before a judgment […]

Oct 29, 2018

Question #58: Hi-My wife and I want an uncontested divorce. We want it to be fast and easy and not have to go to court. What grounds is best to use? She abandoned me over a year ago, but there was also cruel & inhuman treatment involved. We’re each willing to sign off on either or both grounds. Should we use both? Would that help the divorce go through? Or do the courts want you to pick only one – and if so, which one is better? Thanks & great website.

Abandonment is an easier “ground” to prove since it is clearly defined in the statute. Only one “ground” is necessary and if both of you are in agreement as to the “grounds”, the court will not bother to challenge it. However, there are many other matters ( e.g. child custody, child support, maintenace, division of […]

Oct 29, 2018

Question #57: I was married in December of 1997. In March of 1999 my wife told me that she did not want to be married any more, I agreed and moved out. In November of 1999 she moved to Florida and lived there until July of 2001. Do I have grounds for a divorce under abandonment or separation? P.S. We have a 4 year old son. Will this affect my ability to get a divorce?

You do not indicate what State you are living in. From the information you provide, you would not technically satisfy the criteria for abandonment in NY state but if you and your wife are in agreement to divorce, we could find suitable grounds upon which to base the divorce. Having a child will not impair […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #78: I and my wife decided to divorce in NY State. it will be an uncontested. We have agreed to get divorce but we haven’t separated for one year. Is it possible to get divorce? or Do we need to be separated for one year?

Question #73: I have not been living with my wife for 13 years. She will not give me a separation or divorce. In New York state is there any way around this.