REQUIREMENTS OF DIVORCE

Oct 29, 2018

Question #140: I have been married with my husband for three years and I am working on giving him his residence thru immigration. After three years of marriage I discovered he was unfaithful and in fact had a child recently with another women. I want to get divorce but I don’t know how I can approach this. Can you help me??? Please let me know how much the cost will be. I do reside in Yonkers, NY.

I can assist you both in getting your divorce. I suggest you tell him that you cannot continue in the marriage and want to go to a divorce mediator to resolve all issues and file the papers. Please call me at 212-370-1660 to arrange for a meeting for all 3 of us to meet together […]

Oct 29, 2018

Question #135: I have a 18 month old son from a 15 month marriage. We have been living in separate residences and apart for 11 months. My wife ( soon to hopefully be my ex wife)is has been not very cooperative with my visitation, not showing up many times for the court ordered visits with my son, which we do the exchange at the local precinct because she cannot be trusted. She had me arrested several months ago and has an order of protection on me for completely baseless accusations(the court system is just outrageous of what is allowed men have no rights in ny) She is now refusing to sign the divorce papers stating that she wants a passport for my son which I absolutely refuse to agree to because i truly believe that she will leave the country and take my son away and I love my son with my life ( seriously she has family abroad). Can the divorce still go through while we are disputing this and she refuses to sign the papers?Can the Judge rule that she can have this passport leaving me powerless?Does the judge have that power? This whole mess has reached Supreme court already. Thank you for you time.

In New York, the divorce proceedings are divided into two parts. The first part is proving grounds , and the second part is dealing with the division of marital assets, child custody and support, and spousal support, and any other issues that may be pertinent to the divorcing couple. You did not indicate which stage […]

Oct 29, 2018

Question #128: My parents have been separated for over 30 years. My mom has been keeping her separation agreement (from their lawyer at the time) thinking it is the same as a divorce certificate. She claims her lawyer at the time told them they will be automatically divorced after one year. That lawyer has passed away. How can she go about getting a divorce certificate without having to find my dad to sign anything? We heard he moved to a different country. Their separation agreement was very detailed and they had no unresolved issues. How fast can this be processed or finalized?

My parents have been separated for over 30 years. My mom has been keeping her separation agreement (from their lawyer at the time) thinking it is the same as a divorce certificate. She claims her lawyer at the time told them they will be automatically divorced after one year. That lawyer has passed away. How […]

Oct 29, 2018

Question #120: Hello, I found your services via a web search and wanted to seek some advice, at least initially. Here’s what’s happening: my wife and I are in a relationship is clearly not working, due mostly to insurmountable communication & financial issues. We currently live in Brooklyn and have no kids. We still love each other and don’t want to rule out the possibility of reconciling. To me, that means divorce is out of the question – it’s too final, emotionally and mentally speaking. She’s moving away and we agree we need to separate financially too. We’ve had the initial “who gets what” talk, and it went well for both. What are the next steps? We need a separation agreement, no? She’s trying to leave in the next few DAYS. Can we get a separation agreement executed that quickly? Do we need a lawyer? Can a mediator help this? Can we do this by mail? If we can do this by mail, the timing’s not so important. What’s next?

You most definitely need a written Separation Agreement which should be prepared by an experienced matrimonial attorney . This is a matter that is too important to leave to self help or inexperience. If you do not cover all of the issues properly it could come back to haunt you later in life. She does […]

Oct 29, 2018

Question #119: Are you considered legally divorced in NY state if you haven’t received the certificate of dissolution, but the divorce was signed and I received a copy of it from the county clerk’s office?

The divorce is generally considered effective upon the signing of the divorce judgment by the judge and the filing of such judgment in the county clerk’s office. The certificate of dissolution is not the operative document. Be sure that the judgment of divorce has been filed and stamped by the county clerk’s office. Leonard M. […]

Oct 29, 2018

Question #116: I came across your site on the Internet. My wife and I have been married juts over 14 years. She is not in love with me. As far as I can tell, she has been faithful, and I know I have been. We, emotionally and physically, have been seperated about 8 months. We live in the same house. We have three kids together. We are friends. Like roomates. We have no real assets. She can have the house. The kids–with an agreed upon sharing system–which we have discussed, and are both comfortable with. I will pay child support, above and beyond to ensure they can maintain a similiar quality of living. (As I am now hunting for an affordable apartment within the area). I work two jobs, my wife works one. Finances were probably a big reason behind our falling apart. Truth is, I’m not even sure how we can afford paying for a divorce. Anyway you can send us some information on avoiding courtrooms, lawyers, and just move on in an amicable fashion to divorce us?

Divorce is too important an issue to leave to self-help . I strongly advise you to contact an experienced matrimonial attorney-mediator in your area , who is familiar with the matrimonial courts in your jurisdiction to help you. It is important that these matters be handled properly from a legal perspective to make sure that […]

Oct 29, 2018

Question #114: Married and both living in NY My wife and I have been living apart since November 1999. We were married 9 years and no children. All property and assets have been split and we have no children. What can I do if she refuses to sign a separation or divorce agreement even if I am willing to sign that I am at fault in one of the grounds for divorce in New-York. Since the separation in 1999 we both acquired property (home) seperately. Thank You for your help.

Living apart is not considered “separated” under the law. As far as the law is concerned , you arestill married , and all the property you acquired during the course of this time is considered marital property and each one has an interest in the other’s property until you are legally separated and/or divorced. You […]

Oct 29, 2018

Question #113: Here is me problem.I was married to my husband for 10 years.Last march he started an affair I found out about it in may and and he moved out on me and our 2 children in jaune .we are not legal separated yet but he is now living with his girlfriend.I do not want to go though the legal spration I just want the divorce so I can move on with my life and start dating.what can I do and how much will it cost for the divorce I do not have alot of money at all as he left me with all the bills and the house and kids.we have child support set up with nt child support. Thanks

Unfortunately, these matters must be handled properly by an experienced matrimonial attorney in order to make sure that the problems do not come back to haunt you later on in life. The separation agreement is the first part of the process , and basically spells out all of the understandings between the parties such as, […]

Oct 29, 2018

Question #112: Sir – I have a v quick question – if its one that warrants payment first, please let me know… My spouse lives in NY, I live in LA….we have been legally separated for just over a year….we would both like to file an uncontested divorce in NY….he is happy for me to act as the paintiff and have him served…however, do I have to be physically present at the NY court to file these papers? Or can I mail them in or alternative…..? I already paid the $210 in filing the separation and obtaining an index nunber which is why I am reluctant to pay another filing fee in LA… Anyway – a million thank yous and prayers if this is somethig you might be able to answer!

You do not have to be physically present in NY to file the papers but you should not be relying on “self help” to prepare and file your divorce. There are many issues and legal concerns that must be addressed in the process which require experienced legal counsel and, if not clearly discussed and resolved […]

Oct 29, 2018

Question #111: Under ideal conditions, how long does it take from date of filing to finalize a divorce in New York? Thanks very much.

It depends on which County one is filing in. In NYC, the wait is about 3 months after all of the papers are properly prepared and filed in an uncontested divorce. In Westchester and Nassau it is usually signed by the Judge within a month and in Rockland within a few weeks. If you are […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #119: Are you considered legally divorced in NY state if you haven’t received the certificate of dissolution, but the divorce was signed and I received a copy of it from the county clerk’s office?

Question #111: Under ideal conditions, how long does it take from date of filing to finalize a divorce in New York? Thanks very much.