JURISDICTION

Oct 29, 2018

Question #149: My wife resides overseas we were both born in Caribbean, and married there, I’ve lived outside the matrimonial home for over 9 yrs ,resident of nys for 2yrs,currently in military wants a divorce, How do I go about this? There is a 18yr old child of marriage,no property,no assets . I have two other children outside of marriage and wish to move on, how can she be served? Do I need an attorney or can I file on my own?

You can file in NY . If she is cooperative and wishes a divorce as well, we can prepare everything in NY without her having to come here and we will discuss the issues by teleconferencing. Divorce is a serious matter that requires experienced, legal counsel and should not be left to self help. You […]

Oct 29, 2018

Question #147: A friend of mine got married in New York City 6 years ago. She and her husband currently reside in New Jersey. If she were to file for a divorce, would the proceedings be subject to New York Laws or those of New Jersey?

If your friend and her spouse are living in NJ for the last 6 years, they would file in NJ and be subject to NJ law,not NY. I strongly suggest you have them call me to discuss mediating their divorce. It will be less traumatic, less expensive and faster. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #145: I was married in the Philippines July 2001 because I got pregnant. By June 2003 we separated amicably. By October 2005 I came here in the US leaving my daughter in his care and my parents. I now want to divorce him, I spoke to him about my decision and told me that he’s willing to sign the needed paper works. We agreed that custody of our child will be shared.There are no properties to divide and am not asking anything from him and neither is he asking anything from me. How do I file for divorce here in NY? We have been separated for more than 4 years and I want to move on. What are the paper works needed to begin filing and how much will it cost me? Will it be possible to divorce him?

If you are living in the NYC metro area ,please call me at 212-370-1660. I can help you get the divorce you seek. I will prepare all of the legal work and file all of the papers , and neither of you will have to make any appearances in court or spend hours waiting for […]

Oct 29, 2018

Question #144: I know you guys are probably swamped with questions about divorce and I hate to add to it but I can’t really get a straight answer. I am in the military stationed in Virginia. I was married in New York 2 years ago, but only lived with my spouse for about a month before we called it quits. Go figure. I have met someone else and would like to get on with my life but her and I are still legally married even though I haven’t seen or even talked to her in almost 2 years. I want to know if I can file for a no-fault divorce in Virginia even though I am a New York resident and was married in New York? Thank you for your time.

If you are a New York resident and got married in NY you must file in NY. I strongly suggest you consider mediating your divorce. If you reside in the NYC metro area, please call me at 212-370-1660 to discuss the matter in greater length. Leonard M. Weiner, Esq/Divorce Solutions

Oct 29, 2018

Question #139: I am an Indian and my son lives in New York City for last eight months. He was married to Indian girl in India 3 years back. The marriage was registered as per Indian Marriage Act. Both of them went to US eight months back on H1B Visa and staying seperately there for last eight months. They appear not in a mood to continue relationship and want Divorce. Now can they get divorce in New York (US) itself OR they have to come down to India? What are the procedures? What about Distribution of property in India?

Once they have lived in New York State for 1 year, they can meet the NY residency requirement for NY to have jurisdiction and can file in NY. Any property located in India that belongs to the parties can be divided in the NY divorce decree as well, but if one of the parties objects […]

Oct 29, 2018

Question #137: A little over 3 years ago my daughter, a US citizen, moved to the United Kingdom and married. Her husband, 2 1/2 years later, moved to Singapore. She lived in London for 7 months alone then moved to Singapore for one month and now realizes the marriage is over. How, and, where can she file for a legal separation or divorce?

Generally, she should file where she is residing . Each jurisdiction has its own minimum residency requirements in order to hear the case . For instance, NY requires a minimum of one to two years, depending on certain circumstances. If she intends to return to NY, have her call me at 212-370-1660 and we can […]

Oct 29, 2018

Question #136: If someone is residing in NY and was married in NY and wants to get a divorce quickly in another state or country can they do that? There are no children in the marriage. And they have decided amicably how to divide the assets.

Each State has its own residency requirements ( e.g. in NY it is generally a minimum of one year and could be up to two years, depending on certain circumstances) before it will accept jurisdiction in a divorce matter. I would be very wary of out of country (i.e. Mexico, Dominican Republic, etc.) quickie divorces […]

Oct 29, 2018

Question #134: I am sorry I sent you a previous email stating that my husband is a Florida resident but HE lives in New York currently and I live in Florida. Does this change jurisdiction? Thanks again.

Yes. If he lives in New York for 2 years or more or if he lives in NY for 1 year and the circumstances upon which the grounds for divorce took place in NY, he can file in NY . Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #133: My husband and I were married in NY, but we live in Arizona and own a house here, can you tell me under what state laws we will have to get divorced under? Also, we do not have kids and are parting amicably and would like to do this as cheap as possible (write our own papers etc.) can you recommend a legitimate website where we can get legal papers to fill out? Thank you.

You will have to file in Arizona if you have been living there for a few years. I believe Arizona has a simple, no fault divorce procedure. Please contact the County clerk’s office in your county. I strongly recommend that you get experienced, matrimonial legal counsel to assist you. The matter is too important to […]

Oct 29, 2018

Question #132: We were married in NY five years ago and then moved to CT soon after. Is it possible for me to remain in CT- but use a NY lawyer? I feel that NY is a better place to get a divorce in.

If your spouse is still living in New York, you can file in New York. If both of you are living outside of New York for over one-year, you will most likely have to file in the state in which you are living for the last year. And if your husband is still living in […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #147: A friend of mine got married in New York City 6 years ago. She and her husband currently reside in New Jersey. If she were to file for a divorce, would the proceedings be subject to New York Laws or those of New Jersey?

Question #136: If someone is residing in NY and was married in NY and wants to get a divorce quickly in another state or country can they do that? There are no children in the marriage. And they have decided amicably how to divide the assets.

Question #134: I am sorry I sent you a previous email stating that my husband is a Florida resident but HE lives in New York currently and I live in Florida. Does this change jurisdiction? Thanks again.

Question #132: We were married in NY five years ago and then moved to CT soon after. Is it possible for me to remain in CT- but use a NY lawyer? I feel that NY is a better place to get a divorce in.