Divorce Solutions

Oct 29, 2018

Question #210: Hi, My husband and I were married in Massachusetts 9 years ago. Up until recently, we lived in California for the past 4 years. My husband has moved to NY. I am still in California. Can/when can I file for divorce in NY?

One of the parties must reside in NY for 2 years for NY to have jurisdiction unless you lived in NY during the marriage or the marriage took place in NY, in which case the residency requirement would be 1 year. Leonard M. Weiner, Esq./Divorce Solutions

Continue Reading...

Oct 29, 2018

Question #207: I was married for 26 years in New York and we both signed a separation agreement in NY. I have since moved to Maryland and he is going to North Carolina. Our attorney’s are in New York. Can we still file in NY without an address there? Is there a time limit from the time you moved to filing for a divorce in the state where you were married for 26 years? Thank you.

You must be a present resident of NY State for one year before NY will have jurisdiction. If you are both living in a different state, you will have to check to see what residency requirements are necessary in your present state of residence; each state is different. Leonard M. Weiner, Esq./Divorce Solutions

Continue Reading...

Oct 29, 2018

Question #206: Good morning, if you get married in Las Vegas, Nevada, but live in New York, what would be the easiest way to get a Divorced ? There is nothing to split up, No home, No money, No children, etc. Please advise

If you live in NY State for 2 years or more you can file in NY. Each state has its own jurisdictional requirements, but you or your spouse must be a resident for some Period of time in that state to file. Leonard M. Weiner, Esq./Divorce Solutions

Continue Reading...

Oct 29, 2018

Question #202: My boyfriend has been separated from his wife for about 2yrs. He tried to file for divorce in Orlando because that is where they renewed their vows. The grounds for divorce are cheating on her behalf. When given documentation she refuses to sign. There is no property involved and they have 2 children together. Question…Since he was originally married in the state of New York can he file for divorce here in NYC ? He has recently relocated back to NYC. Thank you.

He must be living in NY for at least 1 year before he can file for divorce in NY. Good Luck! Leonard Weiner, Esq./Divorce Solutions

Continue Reading...

Oct 29, 2018

Question #198: My friends were born and married in Ireland. They have been separated for 20 years now and one of them has lived in New York and become a “Green Card” resident. How does the N.Y. resident get a divorce from the spouse left in Ireland? Do they both have to agree, or since it has been so long, is it a paperwork only situation? My friend in N.Y. wants the divorce, but the friend in Ireland has not been willing to sign papers. Complicated I know, but I believe there is an answer somewhere. Thank you.

Your friend can sue in New York and appears to have sufficient grounds under the recently enacted new No-Fault provision of the law, but will have to serve the spouse who’s living in Ireland with a summons and complaint. Of course, it would be much better if your friend’s spouse would cooperate and it would […]

Continue Reading...

Oct 29, 2018

Question #196: I’m an American and Italian Citizen….was born in Philadelphia Penn. and raised in Long Beach New York…I met my husband in Long Beach NY in 1990 and we got married in city hall in Long Beach New York on the 21st of September 1992…he abandoned me and my then two year old son on December of 1995, to go back to his country in Peru. I decided to come to Italy where my parents lived and live here with my child….I’ve been living here in Italy since my husband left me and my son in December of 95, so my son now is 18 years old and my husband is living in Milan Italy with his girlfriend….I really wish to get a divorce here but they say it’s going to take 3 long years….can I go to the States and go to City hall in Long Beach to file for a divorce so I could have my divorce in a short time…? please help me and advise me what to do…..if I need to go to Long Beach New York to file for a divorce and I know it will be sooner than here in Italy…I will do so….waiting for your reply….as soon as possible.

In order for NYS to have jurisdiction you or your spouse must be a present resident of NYS for a minimum of 1 year. If you can establish residency in NYS, you can file here. Otherwise, you must file in Italy or Peru. Leonard M. Weiner, Esq./Divorce Solutions

Continue Reading...