REQUIREMENTS OF DIVORCE

Oct 29, 2018

Question #236: I have been married for 2 months now, just before the 2 month mark of the marriage I came home to find my husband had quit his job, taken the money in the bank account and packed some things and left. It’s been a week now and I still haven’t heard from him at all. He left his phone at home so I have no way of contacting him at all. I don’t know where he is. I’m not sure if I should go to file for divorce or a legal separation at this point because I really don’t know what is going on. But even if I did file how would he sign anything when I do not know where he is to send him papers to sign? Does NY state make you go to mediation before granting a divorce? Do I need to be in contact with him in order to get this straightened out? Thank you

You will have to make a serious attempt to locate him in order to serve him with the Notice and Complaint. Try reaching him through his friends or relatives. If you are living in the NYC metro area, please contact me once you have located him to discuss the next step. Leonard Weiner, Esq./Divorce Solutions […]

Oct 29, 2018

Question #228: I was married in new York in 1978 and have been living apart from my husband for over 30 years. How long must I wait for an uncontested divorce in New York to be finalized and can it be expedited?

Unless you filed for divorce and the Court issued an Order of Divorce and it was filed in the County Clerk’s office, You are still legally married with all the legal implications, such as marital property, spousal financial responsibility, etc. If you are living in the NYC metro area, call me at 212-370-1660 to arrange […]

Oct 29, 2018

Question #223: I was married in New York, April 2003,we split up in August 2003.she lives in Atlanta and has been in GA since our union. I came back to New York and went on with my life and she hers, We have no children together and don’t want anything from one another. it been 10yrs apart are we still married is there a time limit. Leonard Weiner, Esq/Divorce Solutions

You are legally married until you file for divorce, there is a judgment of divorce signed by the court, and it is filed with the county clerk’s office. There is no expiration time for a marriage! If you are living in the NYC metro area, give me a call to arrange a meeting to discuss […]

Oct 29, 2018

Question #219: Living in PA. I filed for divorce over two years ago. My wife bought me out of house. We agreed if she paid me 20,000 she could have house. So she went and got a bank loan and I signed off on the house. She is now sole owner. But as far as the marriage, nothing has been done. She wants to remarry. Is that against the law. Does paperwork need to be signed even though I’m the one that filed.

Until you file all of the necessary Divorce Papers with the County Clerk And get a Judgment of Divorce from a judge who has jurisdiction over your matter, you are still married. She will be committing Bigamy if she marries someone else w/o getting a legal divorce. Leonard Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #218: Hi, I have a friend who has been married for 8 years. He wants to divorce his wife. He’s just not happy with her anymore. They have two children together and he by no means wants to loose his children. The wife refuses to sign the divorce papers. What are his options?

He can sit down with her and explain that the marriage cannot continue. Either they decide to mediate the divorce and file an uncontested divorce or He will be forced to file a contested divorce, but either way the marriage will not continue. If he is living in the NYC metro area, please have him […]

Oct 29, 2018

Question #216: My husband and I have beenn married for 4+ years ( no children together) We have reached a placed that we are both very unhappy and I do not see us reconciling or working out our difference. However my husband refuses to give a divorce or move out (I rent an apartment from my parents) and I’m not sure if he would consider a separation. I would like to use your mediation services to bring an end to this ongoing nightmare. please advise the cost and if evening or weekend appointments are availbale.

Answer: If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for an appointment to discuss mediating Your divorce. I can help and the cost and evening appointment times can be discussed at such time. Leonard Weiner, Esq/ Divorce Solutions

Oct 29, 2018

Question #208: I was married for almost 13 years in NY. We were Legally Separated in August 2007. We both now own our own houses, visitation for children all have been working well for the last 4 years, and he pays child support directly to me. I want to finalize the divorce and just get this done with. What do I need to do to get the divorce finalized? So I need a lawyer to do this? I can’t really afford to pay high attorney fees, since everything has been worked out for all these years I’m not sure if anything else needs to be done other than just get it done. thank you

You must file for divorce, and I strongly recommend that you use an experienced, matrimonial attorney in your jurisdiction Who is familiar with the local rules and exactly what has to be done. It is a matter that is too important to leave to “self help”. If you are living in the NYC metro area, […]

Oct 29, 2018

Question #205: good evening. I have a question about divorce. my situation is: 5 years ago I had been marriage to girl( she was from Israel) in NYC, than we have a son( he is an American citizen), we lived together like 2 years and then she took our son and came back to Israel. she doesn’t want to speak with me. we are not communication at all. now when i want to get divorce, she doesn‘t want to sign any papers. she not pick up the phone when I’m calling and ignoring me. I don’t know what to do?? she cannot give me a divorce like 2-3 years, because we are not speaking. she try to give me a hard time. I need to wait until she definitely decided to gave me a divorce??? I want to get marriage again, I’m in rush. I will be very happy if you will answer me.

You can file for a contested divorce in NY but you will have to have her served with the Summons and Complaint in Israel. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss mediating the divorce. I can help. Leonard Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #203: My boyfriend has been separated from his wife for about 2yrs. He tried to file for divorce in Orlando because that is where they renewed their vows. The grounds for divorce are cheating on her behalf. When given documentation she refuses to sign. There is no property involved and they have 2 children together. Question…Since he was originally married in the state of New York can he file for divorce here in NYC ? He has recently relocated back to NYC. Thank you.

He must be living in NY for at least 1 year before he can file for divorce in NY. Good Luck! Leonard Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #199: My wife and i were married 29 years ago and separated 26 years ago never filed taxes together or any legal documents that state that other than a lost marriage license do we still have to go through all that expensive divorce nonsense or is there something else we can do? .

Until you file for divorce and a judgment is entered in the County clerk’s office, you are still legally married, which means you cannot legally marry someone else, your spouse will have a claim to inherit a portion of your estate, you may be liable for certain medical expenses she has incurred, etc. Bottom line, […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #228: I was married in new York in 1978 and have been living apart from my husband for over 30 years. How long must I wait for an uncontested divorce in New York to be finalized and can it be expedited?

Question #218: Hi, I have a friend who has been married for 8 years. He wants to divorce his wife. He’s just not happy with her anymore. They have two children together and he by no means wants to loose his children. The wife refuses to sign the divorce papers. What are his options?

Question #199: My wife and i were married 29 years ago and separated 26 years ago never filed taxes together or any legal documents that state that other than a lost marriage license do we still have to go through all that expensive divorce nonsense or is there something else we can do? .