Answer: You can file in either state. Call me at 212-370-1660 to discuss mediating the divorce and preparing the Separation Agreement and divorce papers. Leonard Weiner, Esq.\Divorce Solutions
Continue Reading...Oct 29, 2018
JURISDICTION
Oct 29, 2018
Question #59: When a New York resident wants to file for a divorce from a marriage that took place in Ontario, Canada (where the husband still lives), what are the proper steps to take?
If you were married in NY and are living in NY for more than a year or the grounds upon which you are basing your divorce took place in NY, or if you alone are living in NY for two years, you can file in NY . If you are located in the NYC metro […]
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Question #54: I have been legally separated from my wife since July of 2001. She filed for it. We lived in Indiana, but I have moved and now live in New York. I need to file for a divorce but do not know where, NY or IN. We have a 6 year old son.
If you have been living in New York for 2 or more years or even one year, under certain circumstances, you may file for divorce in NY. Otherwise, you may have to file in Indiana. Please call me at 212-370-1660 to discuss mediating the divorce. I can help. Leonard M. Weiner, Esq. /Divorce Solutions
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Question #53: I have been living with a friend for the last year since my husband left me two years ago. I work off the books since I really don’t have too many skills. I pay my friend in cash and most times she gives me a receipt. I am interested in getting a uncontested divorce. There are no children or property assets. He also agreed since he wants to marry his new girlfriend. What can I use to show N. Y. residency since I don’t drive and I don’t use credit cards. Please advise.
If both of you are in agreement about the divorce and no one will contest your claim of New York residency, you will not have to prove your residency and your sworn statement to the effect that you have been residing in NY for the last year will be enough. If you are located in […]
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Question #45: I got married on the 14th of February year 2000 in New York City to a Singaporean citizen. I carry an Indian passport but am on an H1 visa and am working in a prestigious non-profit institution in Manhattan. My husband and I agreed for me to move to Singapore since he felt that life there would be easier since he has established himself quite comfortably there. He also felt that raising a family would be easier what with the presence of the extended family, domestic help and the leisurely life in Singapore. I moved to Singapore in August 2000 only to be told by him that he had changed his mind about raising a family. Since he had two children already from his first marriage, is 53 years old, he is unwilling to be a father again and pursue that kind of lifestyle. Thinking -hoping that he was just having cold feet, we went for counseling and it was revealed that he vehemently does not want to be a father again. I begged him to change his mind because I have always wanted and want so much to be a mother and raise even one child. I had given up my life, friends and contacts in NYC to pursue family life with him. Plus I am 41 years old with my biological clock ticking like a time bomb!!!! As if the child issue was not enough to bear, he had treated me as if I was merely his companion/date rather than his wife. Being his second marriage, he has told me that his priorities are towards his problematic 24 year old son who lived with him, his own health, and that in fact, his money is his to do as he pleased. Thus, he gave me an allowance which I had to live within despite me being less affording and jobless and him having promised that he would take care of me and treat me like a queen, etc. Given the unfair conditions of this marriage, the feudalistic chauvinism that I was being subjected to, and the heartbreak, I have come back to NYC. We have agreed to live separately to get some clarity. I would like to know what can I hope as settlement in the event of a divorce? How will mediation help? Since I am of a very limited income, can I even afford to mediate, litigate? Does my immigration status affect what I can do? There are oceans between us (metaphorically, too), how can I go about securing a lifestyle that will not further humiliate me? Can broken promises be a basis for divorce? Your attention and help in this matter is greatly appreciated. Please forgive the panic and lack of cohesion of this missive. I am distressed and very sad about all this.
In order for NY to have jurisdiction, you must be living in NY for at least one year. Once you are here for a year you can file for divorce. Mediation can help speed up the process and provide you with what you will need to get on with your life. The costs of the […]
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Question #43: Can some someone get a divorce in Florida if they got married in Nevada? I would appreciate if you could let me know. Thank you.
Yes, but each state has its own residency requirements before it will take the case. Please check with the Florida court to find out what that is. Good Luck! Leonard Weiner, Esq. / ivorce Solutions
Continue Reading...Oct 29, 2018
Question #38: Can one choose any state in which to file for divorce?
Each state has different residency and substantive requirements (e. g. where did the marriage take place, where was the family residence, where do the children reside, where are most of the marital assets located, etc.) in order for that particular state to determine whether it has jurisdiction of the divorce proceeding. A plaintiff has a […]
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Question #37: What does it take for N.Y.S. to have jurisdiction over my divorce?
Under Section 230 of the New York Domestic Relations Law (D. R. L.) in order for the Court to maintain a divorce proceeding: 1) the parties had to have been married in the State and either party is a resident in the State when the action is commenced and has been a resident for a […]
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Question #31: My fiancée and I are trying to get his divorce taken care of. There are a few difficulties. We are in Alaska and she is in Colorado. We need to find someone who can help us, but who will not charge an outrageous amount of money. We would like someone who will take a lump sum down and then take monthly payments. He is in the Military if that makes any difference. We really need this done quickly. Please help
Before you discuss the costs, you must first determine which state will have jurisdiction over the divorce proceedings. Each state has its own particular jurisdictional criteria, but it is important to determine, where and how long your “fiancée” was married? Are there any children from that marriage? Where did he reside with his wife during […]
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Question #28: Can a military service member file for an annulment outside of his state of residency and state of marriage for his spouse and himself when they are both consenting to file? What is the process outside of military channels? And are there online services available for this situation?
Divorce law is generally controlled by state statute and therefore each state has its own divorce laws; just as the marriage had to take place under the jurisdiction of a particular state, so also the divorce must take place under the jurisdiction of a particular state. Each state has its own residency requirements before it […]
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