Divorce Solutions

Oct 29, 2018

Question #197: My husband and I have been married for 15 yrs. married in NYS ,, moved to FL for 7 yrs. we split in July of 2010 and he moved back to NY. come July 2011 he will be a NY resident for 1 yr.,, I stayed in FL for 3 mos. and have been visiting in UK since Sept. 2010, will be returning to NY this month. I see requirements for filing for divorce is one partner must be a resident of NY for 1 yr. before filing. this will be uncontested with no assets and no children. he claims to be filing come the one year residency. can u tell me how long a divorce will take to finalize from that point? I can’t seem to find any answers to my question and spouse will not talk to me. Thank you for your time

The time it takes once the uncontested papers are filed depends on which county he is a resident of And what that county’s backlog is. In Manhattan, for instance, the wait is about 3-4 months just to have the judgment signed Once all the papers are filed and approved. Divorce is a matter too important […]

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Oct 29, 2018

Question #194: We have been separated since 1992. We had drawn up papers for separation with allocation of property, child support, alimony etc but I don’t think they were ever filed with the court. I have faithfully lived up to what was on those papers in regards to property, alimony and child support. Our daughter has finished college now and we would like to file for divorce. The only thing left is her college tuition loan to work out. Can that be a sticking point in regards to finalizing a divorce? Also what do we have to file? I live in Texas now but she still lives in Suffolk County New York.

You do not indicate whether these papers were drawn up by an attorney And whether each side was represented by counsel. It is important that the Separation Agreement be prepared by an attorney who has experience in matrimonial matters and the document is prepared properly. Although you may have an agreement, the agreement may not […]

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Oct 29, 2018

Question #193: Currently, I’m living in NY for the past 18 months and we were married for almost 16 years and we have 14 year old son. In 2006, during my stay at MI, I filed divorce case against my wife in India on the basis of Cruelty and abandonment. Finally my wife came here by taking 2 years leave from her job along with my son. She came here in the month of Apr 2007 and left to India in the month of May 2009 along with my son. She told that she will extend her leave from her job and come to USA soon. During this 2007 April – 2009 May period my son also studied 6th & 7th grade in Detroit. Again she came here along with my son for 2 months i.e period between April, 2010 – June 2010 and left to India saying that she will come and join soon here in NY. But as soon as she left to India she was saying that she is not interested to come to USA and join with me. Also she asked me to file a mutual consent divorce in India. Then I engaged a lawyer in India for mutual consent divorce but now she is not responding. If she is not willing for mutual consent in India I need to wait for 2 years from June, 2010. My questions: 1. can we file a divorce from NY on the basis of abandonment ? 2. she lived in NY with me for 2 months along with my son. and 2 years in Detroit between April, 2007 – May,2009. Still can we apply divorce from NY.?? 3. She and my son had valid dependent VISA until Jan, 2011. ? when we can file divorce by latest ?? 4. If at all, if we can file a divorce from NY what would be the total cost including attorney fee ? 5. what would be the best time to reach you and how ?? Some more information : 1. we were married in March, 1994 in India and we are Indian citizens and have 14 years son living with mother in India currently. 2. I’m ( 47 Years ) on H1-B Visa and have been living in NY, Long Island since Aug’2009 until today and prior to that I lived in MI from Feb 2005 to Aug 2009. 3. My wife ( 42 Years ) and son ( 14 Years ) has H4 Dependent Visa valid until Jan 2011, later can be extended for few more years. 4. My wife and son recently visited NY from April, 2010 – June 2010 ( 2 Months ) and left to India. 5. My wife and son lived with me in MI from April 2007 – May 2009 ( 2 Years ) 6.My wife has valid NY Driving License, SSN, bank account and my son has TIN # and NY city identification card. 7. My wife is Doctorate Degree (PhD) Holder working as a scientist in a University until today. 8. We do not have any real estate or property ( joint/ individual ) either in USA or India. 9. She did not work here in USA and I’m the only person who supported the family here. 10. I do not need any visitation rights over my son and he is closely attached to her. 11. I just need a divorce without any encumbrance !! I would appreciate your quick advise, so That i can contact you for further proceedings !!

You will be able to file for divorce in NY, but getting your wife’s cooperation will greatly speed up the process And keep the cost down.. Please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length. Leonard M. Weiner. Esq./Divorce Solutions

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Oct 29, 2018

Question #190: I am an Afghan national. I live in Kabul, Afghanistan. In March 2007 I was in New York City for an official trip on G4 visa – I used to work for the World Bank. On March 3rd, 2007, I got married to my cousin who is a US citizen and lives in NYC. We got married in the Office of The City Clerk, NYC. A month after our marriage, I returned back to Kabul and didn’t see her until May 2009, but we had phone contacts. In May 2009 we met in Dubai and stayed together for a week. Then she went back to US and I came to Kabul, but again we had some rare phone contacts. I guess, during our stay in Dubai, she got pregnant and she has a baby girl now. We both want (agree) to get divorce now, but the problem is that I am no more working for the World Bank and I don’t have a US visa to go back to US to settle things down. We don’t have any financial dispute and I am happy with her keeping the baby. My questions are: 1. How can we get a divorce? 2. Do I have to appear in person in NYC to take care of the paperwork or my wife can do it alone? 3. How long will it take to get divorce and how much it will cost us? Can I hire a lawyer from here? Thanks ever so much for your very kind support.

You will not have to appear in person in NYC if you decide to Mediate your divorce with me. You will have to sign a few papers which I can email to you. It will take approximately 3-6 months, depending on which County Your wife lives in NY. I am a lawyer and will handle […]

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Oct 29, 2018

Question #187: Hello To all I was married in 1984. My husband and I were separated in 1988. We lost contact after that. We have 2 grown kids ages 25 and 22. We never heard from him again. It’s been almost 23 years and my son found him living in PA. We both want a divorces . My question to you is how do I start the procedure and how long will it take?

If your spouse is cooperative, this can go relatively smoothly and quickly. In New York county today it is taking 3 months or so to get a judgment of Divorce After all the papers have been properly filed. Please call me at 212-370-1660 to discuss the matter in greater detail. Leonard Weiner, Esq./Divorce Solutions

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Oct 29, 2018

Question #186: We live in Western NY. My spouse is very controlling and mentally abusive. I want a divorce. We have come to a settlement agreement. Once the papers are filed how long will it be until one of us must move out of the house?

You should include this matter in the Settlement Agreement. You can decide exactly who moves and when, however, it is customary that Once the Judgment of Divorce has been signed by the judge and filed with the County Clerk, that you no longer live together . Consult your lawyer who prepared the Settlement Agreement. Leonard […]

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Oct 29, 2018

Question #185: On June 25 a judge issued me a divorce. My lawer was their in place of me (am in military, reside in different state) I have yet to recieve paperwork. When should I expect it? What do I have to do to speed up this process?

Contact your attorney and have him send you a copy of the signed Judgment of Divorce. Make sure he has it filed in the county clerk’s office and ask him to send you a copy with the County clerk’s filing stamp on it and the date it was filed. Leonard Weiner, Esq/Divorce Solutions

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Oct 29, 2018

Question #183: I have been separated from my wife now for a little over a year and I need a divorce decree or a legal separation asap in oder to have my mortgage modified and we live in New York state. We already have given and taken everything we want and there is no equity in our home and my son lives with me and I do not want or need child support. What is the quickest and cheapest way to get either or done thanks.

If your spouse is cooperative, we can do this relatively quickly, depending on which county either she or you reside. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. Leonard M. Weiner, Esq / Divorce Solutions

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Oct 29, 2018

Question #182: My wife and I were married in New York in 1986, and we currently live in White Plains. Our children are adults now. Our relationship has deteriorated and I want a divorce. We both have substantial assets that we have acquired during the course of our marriage, as such I anticipate a contested divorce. I have heard that from start to finish a contested divorce takes 3 or 4 years on average in New York state. I do not want to deal with my wife for another 3 or 4 years. On average, how long does it take from start to finish for a contested divorce case in New York state, where both spouses have acquired substantial assets during the marriage?

No one can accurately estimate the time it will take. It depends on you and your spouse and your ability to resolve the issues that must be dealt with before the court will grant the divorce. 1. There is no reason to think that just because you are not in agreement that you cannot mediate […]

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Oct 29, 2018

Question #177: My husband and I have been married for 14 years He went to China and has fallen in love with a woman there…I want him to be happy and we would like a quick divorce…he would like to have the woman from china come here to marry her …I am fine with this …We do have a child ..We want to all live together and be happy.. Is there any quick easy way to do this .. Thank you

If you are both in agreement and willing to cooperate we can Do this relatively quickly, depending on what county you are living in. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

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