REQUIREMENTS OF DIVORCE

Oct 29, 2018

Question #176: I was married in May 2005. My husband was deported to his home country of India in 2007 but is now legally residing in Dominican Republic. He just recently admitted he committed adultery and is now living with the person. Even though he asked for a divorce he will not sign the papers if I try to serve it to him. Can I obtain a divorce without his signature? Right now I reside in NYC.

He does not have to sign, but he must be served with a summons and complaint. If you can track down his whereabouts, you can get a process server to serve them where he is located. Once he is served, he must either answer or default. Please give me a call at 212-370-1660 to arrange […]

Oct 29, 2018

Question #167: My wife has moved overseas in Turkey, its been a year since weve been seperated, she wont come back to states, how do i file for a divorce, or can it just be dissolved? Plz Help

The marriage cannot simply be dissolved. You must file for divorce and must serve your wife with a summons and complaint for divorce. This can be done by service overseas in Turkey, if necessary. If she is cooperative, and agrees to get divorced, we can have her waive service and file an uncontested divorce. If […]

Oct 29, 2018

Question #164: Hello. I was looking at your website and I have a question to ask. I got married in March of 2004. My husband abandoned me in August of 2004. Our son was born in October of 2004. It has been almost 5 years now that he left. I know that he left to Mexico but I have no idea where. He hasn’t contacted me since and I do not have any way to get a hold of him, I have no clue where he could be. I am ready to move on with my life. I would like to get a divorce but how do I start. We do not own any property together, we lived with my parents. I would like sole custody of my son. Would I even be able to get divorced on account that my husband is nowhere to be found? What about getting sole custody? He has made no attempt to contact his son or myself for that matter. I am ready to leave that behind. I am in California, I know you help people in New York but if you could give me some idea at what I will be looking at, I would really appreciate it. Thank You.

Try contacting one of his relatives or friends who may know his whereabouts. It will be much quicker and less expensive if you can locate him and get his cooperation. If you still cannot locate him, you can file for divorce in the county clerk’s office in the county you are living in. You will […]

Oct 29, 2018

Question #163: I was married in the state of NY 10 years ago, after 3 years of marriage and 1 child, my husband a I amicably filed for a legal separation. my question: is it true. that after 7 year following the legal separation you are automatically considered divorced ?

There are no automatic divorces in the State of New York. If you filed a legal separation In New York and it was drafted properly, you can use the separation as the grounds upon which You base your complaint and do not have to prove other grounds. However, you must file For Divorce, including all […]

Oct 29, 2018

Question #157: My wife & I were married for 17 years during which she has been very violent & unstable. We reside in Suffolk County, NY. We have 2 children together, ages 17 & 12. We have been discussing divorce for a while now. We had agreed that I would move out & we would mediate the divorce, but she threw me for a loop. Out of no where, she hits me with a stay-away order that she got from family court based on complete lies. This was only 3 days before I was moving out anyway. She closed all of our banks accounts, took all of our tax refund money, took all the money from her 401k, even took the last $300 I had in my pocket! I am currently on umemployment while she works full-time. She managed to hire herself a fancy lawyer (with what is half my money) and I can’t afford to pay my rent. She filed for divorce & served me already, grounds being cruel & inhumane treatment. I cannot afford an attorney. All of my credit cards have been shut off & all my assets disappeared. My question is, what if I choose to ignore her summons to buy time to save up some money? Can she be granted a divorce if I don’t respond? I have contacted the Modest-Means Committee in Nassau/Suffolk County & was told I don’t qualify for assistance. No decent attorney will take the case without several thousand dollars that I don’t have. The biggest issue in the divorce is custody. My kids want to live with me, but she won’t even allow them to visit right now. Please help!

Try calling the Nassau Bar Association and ask for the pro bono matrimonial division and see if they can assist you. Do not default on the Answer. You must reply within the given time allotted. If you cannot get assistance from the Bar Assoc., try the matrimonial part of the Nassau Supreme Court County Clerk’s […]

Oct 29, 2018

Question #156: Hi, my question is if while a few months into a legal separation one of the spouses or both enter into new relationships would it be considered adultery and easier to file on those grounds rather than waiting out the year? In the separation papers it states that we are to live as if single and unmarried and not to cohabit or dwell with one another so I am wondering if this allows for each of us to be involved with someone else or if it is considered adultery. We have no issue with the fact that we may get involved with another as we both are in agreement with the separation, no longer love one another and both want to dissolve the marriage. Thank you

You are considered married until you receive a signed judgment of divorce from the court and it is filed with the county clerk. Until then, any sexual relationship with another person is considered adultery. You could have selected a different grounds other than the Separation Agreement and would not have to wait the year. Leonard […]

Oct 29, 2018

Question #155: My sister and her husband of 1.2 years were having some problems so she asked him to move out. It’s been about 3 months and she has no idea where he’s living or any other contact information (except email, which he ignores). He’s an airline steward so is difficult to reach via work. Can she file for separation without his signature or knowing his whereabouts? Would filing a missing persons report help at all?

In order to file for separation or divorce she is going to have to serve her spouse with a summons and complaint. Therefore she will have to locate him. She should try to locate some of his relatives or friends and see if they know where he is. If she is living in the New […]

Oct 29, 2018

Question #153: My husband retained a lawyer to create a “Boilerplate” settlement agreement which he handed me on 4/1/08(April Fool’s Day) in NY. I still haven’t received any correspondence from his lawyer and have no idea how to send back any changes to the agreement. It has many errors in procedure and even states that Child support doesn’t start till 2 years after the agreement is signed. I have consulted several legal sources and they advise that I send a letter asking that my husband negotiate a different agreement since the one already written has someone else’s decisions and desires for a settlement. My husband says it is a starting point and wants the agreement to go back and forth with any changes. I feel it is a SUPREME waste of time and Lawyer fees. What do you think?? I was also checking the Supreme Civil calendar and found the woman my husband has been cheating with. She filed for Divorce before Valentine’s Day 2008 and is using the same law firm that my husband retained. Is that ethical for the same firm to represent both of them in their Divorces?? Can I make a complaint about the firm?? I look forward to your response.

You are absolutely right. First discuss the main issues and Come to an understanding. Then draft the relevant provisions. Do not consent to a boilerplate agreement. The decisions you make Will affect your future and are too important to try to squeeze Into a form. You need separate legal counsel. This is too important a […]

Oct 29, 2018

Question #146: I have been “legally separated” for six years. I would like to finalize a divorce. How simple and how expensive should it be? My “husband” and I just need to change one or two items in filed separation agreements…and we both agree…We live in New York. Thanks for your response.

I must first review the Separation Agreement to make sure you have in fact dealt with all of the issues necessary to get a divorce and then we would have to draft the changes you are contemplating making. I will then draft the divorce papers and file them in the County in which one of […]

Oct 29, 2018

Question #141: My friend in NY has been Married for about 1 year and 10 months but has been living apart from her husband for 7 months now. No legal separation has been filed yet (she did know she needed it). But she would like to get a final divorce as soon a possible, as she would like to move on with her life. Is there a way that she would not have to wait a full year? And if she does have to wait the year after the separation papers have been filed is she free to see other people during that year?

She does not have to wait a year. It is a common misconception people have. If both parties are ready to move on we can file for divorce immediately. If your friend is living in the NYC metro area, have her call me at 212-370-1660 to arrange for a meeting to discuss the matter at […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #167: My wife has moved overseas in Turkey, its been a year since weve been seperated, she wont come back to states, how do i file for a divorce, or can it just be dissolved? Plz Help

Question #163: I was married in the state of NY 10 years ago, after 3 years of marriage and 1 child, my husband a I amicably filed for a legal separation. my question: is it true. that after 7 year following the legal separation you are automatically considered divorced ?