MISCELLANEOUS

Dec 26, 2018

Question #20: My husband and I have been separated (not a legal separation) for about 6 years now. We both live in NYC and got married in NYC. I want to file for divorce but I don’t know his social security number. I have a last known address for him. I know for a fact that he won’t contest the divorce but he will not give me his SS#. Can I still file divorce papers?

I suggest you look back in your records and see if you have any joint tax returns which you may have filed together. Such tax returns will include both yours and his Social Security number. You may also find his Social Security number on a joint bank account which you may have held together. Good […]

Dec 26, 2018

Question #19: I don’t think you are able to help me. I have a restraining order against my husband and we have been separated for almost a year. We both live in Washington state but he is from NY and is flying back there this week. I believe he is going to try and file divorce there with the help of his family, who aren’t entirely honest people. I have had to hold off on the divorce because of immigration issues. I am from Canada and am self-petitioning. He does not see the kids, or pay child support. If i had my way he could just stay in NY. I was just wondering how I defend myself if he files there. I don’t think mediation is the answer for us. If you can help in any way further, and can refer me to someone who can, I would appreciate it though. Thank you very much for your help. Oh and his girlfriend is pregnant and he wants the divorce done quickly and in the state of Washington its a minimum 92 days then proceedings. So I think that’s why he is doing it out there. Again, Thank you for your help.

If you’re both living in the state of Washington for over a year and the grounds for the divorce did not take place in New York State, New York State will not have jurisdiction over the matter and he should not be able to file the divorce papers in New York State. If he does […]

Dec 26, 2018

Question #18: What is the wait time from time of filing to filing final paper work if nothing is disagreed upon in the state of NY?

To be sure all matters have been completely reviewed and agreed-upon, it will take a number of sessions, depending on how many critical issues are involved (e.g. child custody, child support, spousal support, division of marital assets, etc.), to review some of the more subtle issues involved, and to come to an understanding. Once all […]

Dec 26, 2018

Question #17: My friend is in the process of getting a divorce in New York. He and his wife filed already. They have not lived together for 5 years, but they were not “legally separated” because of money problems and such. They both now have significant others and he wants to marry once his divorce is final. How long does he have to wait to get married? They have one child and there was no trouble deciding who will stay with the child and how much he would send for child support. They established the amount together. If there is a required waiting period to marry someone else, is there anything that can be done to make it shorter? Thank you very much.

Divorce is too important a matter in one’s life to leave to “home improvement” by one’s self. It is essential that they consult with an attorney experienced in matrimonial matters in their jurisdiction and make sure all matters necessary have been discussed, settled and made legally binding on the parties. An experienced attorney can help […]

Dec 26, 2018

Question #16: My ex wife and I got divorced 3 months ago, the divorce took two months , because we did not have a lot of money; we went thru one lawyer. She committed adultery and we went for cruel and inhumane.The house was in my name and she signed over the house to me in our contract. Now I have fallen in love with someone and she has moved in. Now my ex wants part of the house… The divorce judgment has been filed for three months and now my girlfriend and I are putting money into the house to fix it…Can she change her mind after the divorce after it is final??

Your Ex-wife can change her mind anytime she likes; the question is whether a court will listen to her. Has an Order of Divorce been signed by the judge and filed and recorded in the county recorder’s office? If it has and if it incorporates the provision in your agreement assigning all rights to the […]

Dec 26, 2018

Question #15: I live in NY State. I have been married for about 14 years and have one child of 9 years age. My husband served me divorce papers this year on the grounds of “cruel and inhuman treatment”. Last year, I signed a Post Marital Agreement. I am employed for the past three or four years, however, accumulated enormous debt (to a tune of 55000 dollars). Is this post marital agreement valid and thus i will become ineligible for the house (which is in his name) and his retirement benefits?

It is impossible for me to tell you whether the Agreement you signed is legally enforceable without reviewing it. Did you have legal counsel when you signed it? Did you understand the terms of the Agreement? Were you coerced by your husband to sign it against your will? You must consult an attorney experienced in […]

Dec 26, 2018

Question #13: My wife & I are divorcing after 4 1/2 years. We purchased two dogs at the same time shortly after wedding. We have decided to each take one dog and even agree on who gets which one. However, my wife insists on visitation of my dog. We live in New York and have no children. Can’t we each take our respective dog and go on our separate way, or will the court complicate things and tie me to this woman with pet visitation for the life of my dog??!!

You should seriously consider mediating your divorce so that this issue of the dog visitations and all other matters can be worked out and reduced to writing in a legal Separation Agreement. I believe that since this issue is a sensitive one it not be left to a court to decide. If you are located […]

Dec 26, 2018

Question #12: My wife of 17 years (we have been living together for 30 years) has been secretly having a lesbian affair for 6 years. She can’t choose between us, but I have told her that I can’t share her. I want out of the marriage. She insists that she doesn’t want to loose me, but she won’t make a choice! She wants her cake and pie! We own some property jointly and have jointly owned investments. What now?

If you are serious about wanting out of the marriage, you must confront your wife with this fact. Let her know that you are serious. If she insists on continuing to have the lesbian relationship, you must explain to her that you cannot continue and that either the both of you should seek a mediated […]

Dec 26, 2018

Question #11: My wife of 17 years (we have been living together for 30 years) has been secretly having a lesbian affair for 6 years. She can’t choose between us, but I have told her that I can’t share her. I want out of the marriage. She insists that she doesn’t want to loose me, but she won’t make a choice! She wants her cake and pie! We own some property jointly and have jointly owned investments. What now?

Dec 26, 2018

Question #10: What recourse do I have if after my spouse and I arrive at a settlement, he reneges?

You should not enter into a settlement agreement without proper advice and counsel. I recommend that you seek an attorney-mediator who is qualified to mediate between you and your spouse and who will draw up the necessary separation agreement in such legal form that it will legally satisfy the court having jurisdiction over your divorce. […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #18: What is the wait time from time of filing to filing final paper work if nothing is disagreed upon in the state of NY?

Question #10: What recourse do I have if after my spouse and I arrive at a settlement, he reneges?