MEDIATION V. LITIGATION – DIVORCE SOLUTIONS SERVICES – Page 6

Oct 30, 2018

Question #31: Do you do business in New Jersey?

We service the entire New York City metropolitan area including New Jersey. Please call me at 212-370-1660 to arrange for an appointment. I look forward to hearing from you soon. Leonard M. Weiner, Esq./Divorce Solutions

Oct 30, 2018

Question #30: Can a judge site the husband for contempt, if the husband refuses to pay a law guardian. A law guardian appointed by the court for the purpose of interviewing the husband, the wife and the child and to report to the court his findings. The law guardian interviews the wife and the child, but not the husband. The law guardian makes a demand for 50% fee compensation from the husband. The husband claims that the law guardian fees are exorbitant and in addition the law guardian provided no services to him “he never met the law guardian” and in fact the law guardian provided the court with a biased opinion. Does the judge have the legal right to force the husband to pay or site him for contempt? Shouldn’t the law guardian seek legal avenue for payment on his own? Please respond Thank you .

In order to answer your question, I must know what state you are living in (please see my request in previous question). Once you enter the adversarial legal system, you are subjecting yourself and your children to the vagaries of the judicial system and the subjectivity of the particular judge who is presiding. I am […]

Oct 30, 2018

Question #29: Married in Virginia…been married 10 months…I am active duty and was married while on leave from overseas…we have never lived together and have no marital assets…we both agree this was a mistake and have no issues to resolve. What is my best option? What is the average cost? How long will it take? I assume whatever action is to be taken will be in Virginia. P.S. great page! I’ll send my New York friends your way.

I suggest that you get in touch with legal counsel available to you through your military service to assist you in filing the proper divorce documents, assuming that your spouse is willing to cooperate. The cost should be relatively inexpensive, and the time it will take depends on the backlog in the county clerk’ s […]

Oct 30, 2018

Question #28: I have a bother-in-law in the state of Oregon who married less than a year ago. They submitted paper work for an amiable 90 day divorce roughly 45 days ago. The divorce was originally initiated by the wife because of the bother-in-law’s dissatisfaction to his spouse’s idolization of her pet dog. Just last week his spouse showed up at his work an attempted to commit suicide. Now she is filing a mental anguish suit against him. From the way he has been explaining it for the past six months he has been the one with the mental anguish. The question is could/should he file a counter mental anguish suit?

It sounds like they need some assistance from a marriage counselor before they take the radical step of seeking a divorce. If both parties are in fact so emotionally high strung that they are ready to get divorced over the pet dog, perhaps they should examine the basis of their marital relationship and what brought […]

Oct 30, 2018

Question #27: I am a 42 year old RN, with an 18 year old daughter who has Cystic Fibrosis….I am seeking information regarding the possibility of losing my home of 5 years of which I share with my husband…He has told me that I will not get the house….I am wondering if the fact that this was a VA loan (myself being the veteran), and having a child with a chronic illness what the possibilities are of losing the house. Please advise…and I live in Florida so need someone local if you have any suggestions.

I suggest that you get in touch with an attorney-mediator in your area who has been trained in divorce mediation to assist you and your spouse in the separation and divorce. With regard to the house, I do not believe any court would force you to sell the house, especially since you are responsible to […]

Oct 30, 2018

Question #26: I am currently involved in a situation that is very bitter. I would like to know the following: 1. Is mediation helpful if one side is bitter? 2. How can I convince the bitter side to go to mediation? 3. What are the fees for this service. Thanks.

In order to take advantage of the mediation process in divorce the parties to not have to agree on all or any matters other than two which are 1) they do not want to give all of the hard and money which they have acquired over the course of their marriage to their attorneys; and […]

Oct 30, 2018

Question #25: Already divorced, reason: abandonment First lawyer suggested to settle on the property because it would cost too much to go to court. My ex-husband was suppose to sign the property over to me for a ten thousand dollar settlement. He never signed anything, I never paid him. He took me to court for breach of contract. Second lawyer took my money, wrote one letter to the courts regarding this issue. There was a court date, that neither myself or my lawyer was never notified. There was a judgment in his favor. I spoke to my second lawyer, who said he will write a letter to vacate that judgment. NOTHING has happened. I have called my Second lawyer several times, have gone to see him, but he was not there. He has not answered any of my calls. Now I have received an eviction notice, which is very confusing to me because this is a condominium. I know I need a new lawyer, but I need one I can afford since I am very tight on my budget. How do I handle this situation. How can I get the original settlement dismissed, and how can I fight this. Thank you for your attention in this matter.

It is apparent from your question that you have encountered part of the basic problem of the adversarial system. Unfortunately, you have not had much success with selecting a proper attorney to represent your interest in court. It is essential that you receive experienced, professional legal counsel. If you do not know of such person, […]

Oct 30, 2018

Question #24: My husband and I are New York City residents. We have decided to separate then divorce as soon as we have met the legal one year requirement. Between us, we have already reached agreement on custody of our 9 year old son, child support, and the distribution of our belongings (contents of our home). We have no major assets to divide. We would like to pursue a mediated divorce, but are concerned about the cost. This is the only thing holding us back at this point. At present, we would be unable to afford even standard adversarial legal services.

A mediated divorce is certainly much less expensive and costly both in financial and emotional terms. If you are ready for mediation, please call me at 212-370-1660 to discuss the possibility of arranging for a mediated divorce and the costs of such arrangement. Leonard M. Weiner, Esq./Divorce Solutions

Oct 30, 2018

Question #23: I live in Texas and my wife of 22 years wants a divorce because I hit her…I was going thru a big depression at the time. I do not want to get divorce because we have a 10 year old girl which I love very much.. Every time I get close to her all she say is she wants the divorce.What can I do to give her a hard time if she does get a lawyer???

From what you have told me, I believe that you should both first try marriage counseling to see if you can improve your marriage relationship and stop hitting your wife. There is no excuse for either spouse physically or mentally abusing the other. If you have experience serious depression, you must seek professional help and […]

Oct 30, 2018

Question #22: Thank you very much, I’ll give you a call. How much would you charge for preparing documents for an uncontested divorce? We already agreed upon all the issues: – our son custody – child support – spousal support – no QDRO is needed ( house is left to wife PV of 401K is included in divided assets – 50/50 split) .

There is a saying that “the devil is in the details”. Even though you have discussed the points mentioned above, and believe you have arrived at an honest agreement, when these points are set to paper and are discussed in fine detail, the parties discover that they are in fact not in agreement and more […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #31: Do you do business in New Jersey?

Question #26: I am currently involved in a situation that is very bitter. I would like to know the following: 1. Is mediation helpful if one side is bitter? 2. How can I convince the bitter side to go to mediation? 3. What are the fees for this service. Thanks.