JURISDICTION

Oct 29, 2018

Question #27: After knowing each other 3 weeks my boyfriend and me got married at city hall in NYC on a holiday last September. We are both German and live in Germany. so it turned out to be a mistake. I heard that if we get divorced in NYC only one person has to show up and it is rather uncomplicated. is this true? how would a divorce work the easiest way for us? In Germany it is a big deal. thank you very much!

Unfortunately, it is also a “big deal” in New York City as well. In order for the New York Court to hear your divorce case it must have jurisdiction and New York generally requires a residency requirement of one year before it will entertain jurisdiction. Once you overcome the hurdle of jurisdiction, you may file […]

Oct 29, 2018

Question #25: Thank you for providing this wonderful service. I’ve been searching for somewhere/someone to address my concerns, which I’ll begin to outline as follows: Briefly about myself, I live in Boston, Massachusetts and I’ve been dating a really nice gentleman since November 1994 we were setup by mutual family friends). He returned home from the US Army that January after serving for eight years. He started school at the University of U Mass-Boston and is scheduled to graduate this May 1998. Sadly, I learned upon our second or third date, back in November 1994, that he was also married. To make a long story short, I’ll summarize his relationship with his wife, to date, as follows: – He met his wife in her home town of Tuscan, Arizona around September 1990; he lived on base and they dated casually – She became pregnant upon insisting that he ‘come’ inside of her on her birthday – May 1991 – Although he was not happy about this unplanned pregnancy, he decided he would commit to a relationship with her, after the baby was born (in February 1992) – They got married in September 1992, and he got shipped off to Korea where was stationed for a one year, from December 1992 to December 1993 – Before he left for Korea, he set up a joint bank account; primarily for her to have fund for expenses (she’s didn’t work and took care of herself before they met, and still today, with state assistance she receives for adopting one of her sisters child (who is about 12 years old now). – About six months after he left for Korea she called to ask for extra money to move to a new apartment, which he sent to her – BUT SHE NEVER WROTE OR CALLED TO LET HIM KNOW WHERE HER NEW RESIDENCE WAS, and he tried his best to find out and then gave up – He lost his hair (he’s now bald at the top) over the next next months. Upon returning to Arizona from Korea, he found out that she had been seeing someone (he has letters to prove this) and she strongly stated that she didn’t want to be with him anymore. By the way, he found her through a relative he had to look up and find. – So, in January 1994 he returned to Boston to avoid committing any criminal acts by staying with her, if you know what I mean; started school that September, and we met in November. He told me he didn’t want to go through the divorce process while in school because he didn’t want anything to get in the way of finishing school. He thought that he would be forced to work full-time in order to support his daughter. – So, unsure of what the court findings would be we agreed to wait until now (his final semester). We sent his wife the money she asked for to initiate the process ($150) in January 1998 and she kept making excuses about not having the time to do it because she started to work just before the holidays (for the first time in her life!). But it’s not almost the middle of March and she still hasn’t’ done it. You might ask, what’s the rush? Well, we’ve been dating now for almost four years and want to commit to a lifelong relationship together by getting married in September (our preferred months). By judging by his wife’s behavior this might not happen. My questions are as follows: Is there any way he could file here (and get it settled as soon as possible) from Massachusetts, but utilizing Arizona’s state divorce laws? Simply because MA laws are so extreme in so far as child support, etc. I really don’t trust her to do it and they only other way is for him to expense himself by traveling to Arizona to do it himself, if that’s possible. She said that she would agree to joint custody (with the kid(s) visiting in the summer) and to no alimony. Would that make it even easier to apply here in MA. Also, would the judge take into consideration that they virtually NEVER lived together as husband and wife? Would they consider her present income as well? She’s never let him claim his daughter on income taxes (even though he sends her $150/mo. faithfully.) By-the-way, he’s worked part-time throughout his school years and is now working full-time and attending school at night during his final semester. What do you think about all of this? Is there any hope for a September wedding for us? Thank you in advance for your kind advice.

Divorce law is determined by the state which has jurisdiction over the divorce proceedings. It appears from what you have mentioned that either Massachusetts or Arizona could possibly have jurisdiction in this case but one could not mix and match states and law. If he finds it difficult to make an appearance in Arizona, he […]

Oct 29, 2018

Question #23: Are Mexican Divorces legal in the U.S. ?

Foreign divorces are recognized as valid in most states if due process was available for each of the parties, but the state courts reserve the right to determine all matters regarding division of property, child custody, child support, spousal maintenance, etc. Leonard M. Weiner, Esq./ Divorce Solutions

Oct 29, 2018

Question #22: I live in PA with my wife of 12 years and our 10 year old daughter. I came to US 7 years ago, brought them on my work visa 6 years ago. My employer offered to sponsor my permanent residency. My wife is a very difficult person and has been in therapy for the last 3 years. It’s becoming unbearable for me and I want out: the little she does for family is under pressure from me, and I have to juggle work (she finished her RN a year ago, but doesn’t have work permit) and practically all family issues,, from my daughter’s Halloween costume to finding my wife a gynecologist. Who would have jurisdiction over this divorce, given that we’re not permanent residents?

Since you have been living in Pennsylvania for seven years and your wife has been there for six years, Pennsylvania should have jurisdiction over your divorce proceedings. Most states do not require citizenship or permanent residency to have jurisdiction over divorce matters, as long as you satisfy the residency requirements of the state which is […]

Oct 29, 2018

Question #19: I am an American citizen married in Australia to an Australian citizen. Now that I am back in Florida, can I file for divorce here or do I have to go through the Australian courts?

In order to answer your question properly I would have to know where the marital assets are located, if there are any children and where they are residing, how long you are living in the state of Florida, etc. Assuming that you have met the Florida state jurisdiction requirements, you should be able to file […]

Oct 29, 2018

Question #17: If my spouse has filed for divorce in California and I want to file myself can I? Can I file in another state?

You can counter sue for divorce as well in California and the two suits will be heard together by the same judge.In order for a state to hear a divorce matter, it must have jurisdiction over the parties or marital property to be divided. There are specific requirements as to length of residency of 1 […]

Oct 29, 2018

Question #16: My wife and I were married in 1975 in Denver. We have lived in Phoenix, Spain, Israel, Texas, Louisiana and Utah. My wife left me in August 1996 and has since resided in upstate New York. I moved to Turkey in April 1997 where I work for an American Company. My wife has asked for a divorce because she has met a guy on the internet whom she loves. If she files for a divorce in New York, can I be served, as long as I remain in Turkey? Do I have to be served? Can she get a divorce as long as I remain overseas? Can you help us…we want to make it non-adversarial if possible.

Based on the information you provided, if your spouse has been living in New York for a year or more, she may file for divorce in New York. Part of process of filing the Summons and Complaint is to serve the defendant personally. You can be served personally in Turkey, or can agree to waive […]

Oct 29, 2018

Question #15: My husband and I were married in February 1994 in Tennessee. We went our separate ways in that same year but neither one of us started the divorce proceedings. It is now 4 years later and I have resided in New York for over 2 years and he in California. We have not spoken or seen each other since 1995. I don’t know where to get the ball rolling to start the divorce proceedings. I just want this to be over. Any information you could provide me would be very helpful and appreciated.

If you are living in New York over 1 year you may file the divorce papers in New York. I strongly suggest that you contact your spouse and have him agree to mediate this divorce. If you are in the New York City metropolitan area please contact me at 212-370-1660. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #14: A) The husband lives overseas. B) The wife is in NYC for two months. Then she will move overseas. C) They were originally married in New York State. D) They currently want a divorce. Query: Is it true that no divorce can be completed until either the husband or wife has lived in (residency) America for at least one year? Also, they can not even get a legal separation unless one of them is living in the States? And even legal name changes are expensive and troublesome, without one year’s residency? Is all this true? If so, how can one move on with their life, if their new life takes them overseas and being overseas means no divorce can be settled?

In order for New York to have jurisdiction over the divorce matter, a 1 year residency requirement is necessary. Therefore, you are correct in stating that New York cannot serve as the jurisdiction. If both parties are agreeable, and their are no assets or children involved in New York, or another state, you can both […]

Oct 29, 2018

Question #11: Is there any state that offers a quick divorce with a little residence requirement. The problem is that some how our final divorce papers weren’t filed, and we both are seeing someone else. We would like to get a divorce out of state as not to affect our current interests. Any suggestions.

If both of you are in agreement and wish to divorce immediately and are not concerned that the other party will someday contest the divorce, you can try getting a divorce in Tijuana, Mexico or try Las Vegas, Nevada. If there will be a contest regarding marital property, however, most states will require that the […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #23: Are Mexican Divorces legal in the U.S. ?

Question #19: I am an American citizen married in Australia to an Australian citizen. Now that I am back in Florida, can I file for divorce here or do I have to go through the Australian courts?

Question #17: If my spouse has filed for divorce in California and I want to file myself can I? Can I file in another state?