JURISDICTION

Oct 29, 2018

Question #131: I am about to be served with divorce papers. My husband and I were married in Brevard County, Florida. He is originally from Monroe County, New York. He is a Florida resident. We moved to Rochester in December 2006 and I left in January 2007 because of his temper and physical nature. He has filed for divorce in monroe county. What are my rights, are they Florida laws, or New York laws. We also sold a vehicle that belonged to myself and was only in my name and purchased a new vehicle in his name. Am i entitled to ask the court for alimony or some kind of arrangement for him to get me a vehicle for transportation so that i have a means to work. I am not working and havent much since I have been in Florida for the reason of a vehicle. I am living with my sister and her family and I believe it would be most helpful if there is any advise that you can give me before I sign the divorce papers. I believe it should have been my husbands responsibility to help me out financially as the reason I left New York was for the abuse. While in Florida i have called the police several times for domestic violence but i dropped the charges. Can you please help in any way?

If your husband filed in the New York State , you will be subject to New York state laws. However , if he is a resident of Florida , and has been living there for over a year, and you are living outside of New York as well, New York should refuse jurisdiction of this […]

Oct 29, 2018

Question #127: Can I divorce my husband if I live in Va and he lives in New York?

Yes you can, as long as one of the parties is living in NY for 2 years, or even for one year under certain circumstances. If you would like to mediate this divorce and resolve the outstanding issues, such as the pension issue you mentioned in another email, please call me at 212-370-1660. Leonard M. […]

Oct 29, 2018

Question #124: Hi. My wife and I lived in NJ for the last several years and she still lives there (in a house I’m still paying for), although I’ve moved back into NYC. We initially lived together in NYC for about 7 years after we were married and before we moved out to NJ. We were actually married in Texas, although we never established residence there. We are amicably separated and have discussed divorce as the next logical step. The most difficult aspect is that she’s still financially dependent on me and unable (or unwilling) to work. So I think we need help mapping out a mutually agreeable plan. I have a couple of questions: – You don’t mention costs on your website. Can you please tell me about how much your solutions typically cost? – Do you actually help with the paperwork for the lawsuit? Or do you only do mediation services? And if so, how much are those costs? – I’m not really sure which state’s laws we need to be concerned about. Would I be better off finding a lawyer in NJ? – What’s next? Thanks

If you are living in NYC for a year or more you can file in NY. As an attorney-mediator I will both mediate and prepare all legal documentation necessary for the divorce and file all the papers. My fee is presently $375 per hour and the total cost will depend on how many hours it […]

Oct 29, 2018

Question #122: I was married in the state of New York, But i am currently living in the state of Georgia, is it possible to have a divorce in New York?

In order for New York to have jurisdiction over your divorce, either your spouse should be a resident of New York for one year or more, or the event upon which you are basing the grounds for your divorce took place in New York. Please call me at 212-370-1660 to discuss the matter and greater […]

Oct 29, 2018

Question #117: My husband and I were married at the NY County Clerks office in 2005. The marriage has deteriorated steadily since then. I moved to Florida 2006. He moved here a few weeks ago, but the marriage is not improving and steadily growing worse. Can I file for a divorce from the state of Florida if I married in New York. If we are both residents of Florida state, can we file for a divorce here. If I am the one divorcing him am I subject to Alimony laws? Any information would be greatly appreciated. Thank you.

Each State has different residency requirements before it will assume jurisdiction in a matrimonial case. In NY, generally you must be living in the state for 1 year . Check to see what FL’s residency requirement is. Once you have satisfied that residency requirement you can file there. Your question regarding Spousal Support (Alimony) will […]

Oct 29, 2018

Question #110: Iam a Filipina who was petition (k1visa) by my boyfriend who is a u.s citizen and lived in colorado. We got married in colorado u.s.a and we have to transfered to England for his job assignment. We’re only married for 8months and i already experienced abuse not physically but mentally. He never give me money or whatever except for food, he never have time for me because he is so busy with his job and because of that also his not active in bed.(i feel like im just a keeper here) Everytime we argue he always say that he want to divorce me and that make me scared coz i dont have family here in england and no job (they only accept NATO and u.s citizen) no money to support myself. My question is if i agree to divorce him, will i get monetary support from him (until now his paying morethan 60% of his salary to alimony for his ex wife) and what is my chance to get a immigrant visa since i never had the chance to apply for AOS when were in u.s? honestly im afraid to go back to the Phils coz some people there are very judgemental it will give me more pain to go back. Since iam married to u.s citizen, do i need marriage annulment in the phils.? Honestly never had a chance to think of this before i get married coz i thought im marrying a good man since he is a chaplain and a good marriage councelor. Thank you so much and God Bless!!!

You should insist on getting divorced in the US, in Colorado, where you permanently reside as husband and wife and you should get an experienced attorney- mediator in your county in Colorado to help you. Once you get the divorce in Colorado, you will not need another for the Phillipines. Do not do this on […]

Oct 29, 2018

Question #109: Please advise if i was divorced in one state, but my ex and i and all children now reside in another state ( divorce in illinois but live now for past 2 1/2 years in indiana) does jurisdiction have to remain in the state in which we were divorced. I’m trying to have the case transferred for illinois to indiana but my ex who has not followed the decree is trying to contest as a legal issue that it stays in illinois. we both bought homes in indiana, drivers license issued in state of indiana, children go to school in indiana and yet he is fighting the above. Please advise i’m at wits end!!! we had one pretrial hearing and it is continued for 3mos until both parties argue the above he’s arguing it’s a legal issue?????

Usually the Separation Agreement and the Divorce Judgment discuss the issue of the local court retaining jurisdiction. I would have to review these documents to properly respond to your question. You should consult with an experienced matrimonial attorney in your county in Indiana to see whether Indiana law would allow you to enforce the Illinois […]

Oct 29, 2018

Question #103: I dissolved my divorce in the United States but my ex is in a foreign country. My question is if this divorce is valid in that country or I may have to request a new divorce there. Please, I am concerned I might have problems there. Please let me know. thank you.

In order to answer your question , I would have to see exactly what you are referring to as “dissolved ” you divorce. In which state in the US did you receive the divorce? Do you have a judgment of the divorce signed by a judge, and was it filed in the proper place? You […]

Oct 29, 2018

Question #102: JURISDICTION My husband and I were married 16 months ago in NY. We both lived in NY at the time. Five months ago he abandoned me, moving to DC. We both lived in DC before our marriage (not together), although I was a student and NY domiciliary throughout my time there. I have not lived in DC for 2 1/2 years or been there otherwise except for a visit 5 months ago. He wants to petition for divorce in DC, because he can do so more quickly and because he does not have grounds against me in NY. Although there are no significant marital assets in contention, I do not believe that he is entitled to anything because he abandoned me. Moreover, I am the primary breadwinner, and I do not want to be responsible for paying him alimony. I recognize that his domicile in DC gives them grounds to end our marriage, but, if I do not participate in the proceedings, will they have grounds to obtain any of the assets in my possession in NY or to force me to pay alimony?

I do not know what the jurisdictional requirements are in DC, and perhaps five months is sufficient for him to file for divorce, although it seems a little short. In order to prevent the case from being heard in DC, you should file for divorce first in New York on the grounds of abandonment. New […]

Oct 29, 2018

Question #101: I got married in CA , march 22, 2002. Since then my husband lost his job twice. In 3 years I have stayed 7 months + 9 months together. He has returned to his home country since April 2004. We both are unhappy with the way things are. He often exhibits violent rage, which makes me afraid to stay with him. He now does not plan to return any more. I want to move on with my life. I will be moving to NY soon. Where & when can I file for separation?

Every state has different residency requirements before it will hear a divorce or separation matter. When you move to NY, please call me at 212-370-1660 to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #127: Can I divorce my husband if I live in Va and he lives in New York?

Question #122: I was married in the state of New York, But i am currently living in the state of Georgia, is it possible to have a divorce in New York?

Question #103: I dissolved my divorce in the United States but my ex is in a foreign country. My question is if this divorce is valid in that country or I may have to request a new divorce there. Please, I am concerned I might have problems there. Please let me know. thank you.