Divorce Solutions

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LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Oct 29, 2018

Question #10: Two people, one mediator? Or, should we each get a mediator of our own?

Unlike the adversarial system where each party hires his/her attorney to represent each party’s interest, in mediation the attorney-mediator remains neutral, not representing either party but facilitating the process and controlling the procedure in which the parties themselves determine all of the resolutions necessary to preparing a Separation Agreement and ultimately file the divorce papers. […]

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Oct 29, 2018

Question #8: I am a 27 yr old man, who has been separated from my wife for 5 months now. My 7 yr old son spends every weekend with me. My wife and I are surely getting divorced, but I have no clue regarding how to start the divorce process. We were married in Florida, but our permanent residence is in NY. I am looking for advice on how I should begin our divorce process. How long will my divorce take to be final? My divorce is uncontested, so are lawyers and courts necessary? Is a child custody battle necessary? I would greatly appreciate any advice or information you can offer! I am desperate for info! Thank you in advance!

It appears from what you have stated that New York State would have jurisdiction over this divorce proceeding. I strongly urge you to contact me at 212-370-1660 to discuss this matter in greater length. From the information you provide, it sounds like you both would benefit from mediating the divorce instead of litigating. The length […]

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Oct 29, 2018

Question #7: My first marriage was bifurcated in 1991 (California). There are two properties that were to be sold. They are not selling at the prices quoted in the divorce judgment. In fact, neither property has any great value (10 acres in the Texas desert and a Palm Springs Time Share). I am in bad health, and would really like to get this divorce finalized. Is it possible to quit claim the deeds to her in order to get a final decree of divorce? Also, should I transfer all properties jointly held by my present wife and myself to her name only? I have been told that if I die, and since my divorce has not been finalized, that my ex-wife can claim my assets jointly held by myself and my present wife. I do not want this to happen! What do I do to protect myself, my children and my second wife? In the property settlement portion of the divorce proceedings, my ex-wife gets a portion of my military retirement. Since the divorce has not been finalized, can I possibly have the original document altered to specifically declare this as alimony? For tax purposes, this would be a godsend. I reside in Texas and my ex-wife lives in California. Can this be handled in absentia?

You do not need a mediator. You need a lawyer who is experienced in divorce matters in the court which has jurisdiction over your proceeding. Get yourself a lawyer! Do not waste time! Leonard M. Weiner Esq./Divorce Solutions

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Oct 29, 2018

Question #2: My husband and I have agreed to separate, but I am the one that will move out of our house, leaving behind all of our assets. I don’t even know where to begin to make sure that I am protected, and my belongings are protected and everything is done fairly. I live in Virginia and I don’t even know what my rights are. I’m nervous and frightened. Can you offer any advice?

I cannot overemphasize the need to consult with an experienced, divorce attorney-mediator in your area who can assist you in making all the necessary decisions to equitably divide your marital assets and provide support for you as you begin to live apart. You to not mention any children, but if there are minor children involved, […]

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Oct 29, 2018

Question #1: My wife and I had been married for approx. 5 yrs. It has come to my knowledge that during that time she has been “unfaithful”. During the last year we were together I had unfaithfulness had become more and more apparent. I had at several times requested counseling which she refused on the grounds “we can work it out ourselves”. That never happened. During the last year we lived together I met a woman and have been with her since. (approx. 3 yrs.) We had never pursued a formal separation and/or divorce because at the time my finances were strained. I have since re-gathered myself and now want to pursue a divorce because would like to make my new spouse ‘legal’. What are my options and/or pitfalls? We live in NY metro area, have no children and no real assets.

I cannot over emphasize the need for you and your spouse to legally separate and divorce. You cannot legally marry any other person until you get a divorce and you remain liable as a spouse for the support of your wife. Also she has the right to inherit you upon your death. In short, you […]

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