REQUIREMENTS OF DIVORCE

Oct 29, 2018

Question #36: How do I begin a divorce and protect my assets?

In order to commence a divorce proceeding you must personally serve the other party with a summons and complaint outlining the cause of action; in this case divorce. every attempt must be made to locate your spouse in order to serve such papers. Otherwise, the court will require you to make every diligent effort to […]

Oct 29, 2018

Question #34: I am currently going through divorce proceedings and am a Canadian citizen and my husband is American, could you possibly let me know what my rights are as far as my five children are concerned. I would greatly appreciate any information you could provide.

In order to properly answer your question I must know where you presently reside, how long you live there, where your spouse presently resides and how long your spouse lives there, where was the marriage entered into, where did you live as husband and wife, where are the children living, and where are the marital […]

Oct 29, 2018

Question #32: My husband and I have only been married months, but both agree it was a mistake. We have no children, property, assets, etc. in common. What’s the best way to approach an uncontested divorce in NYC? We reside in Queens.

You will still have to enter into a Separation Agreement and file divorce papers. Because of the short duration of the marriage and the absence of children and assets, the Agreement should be relatively short and the disputes between the parties minimal. An Attorney is still necessary to draw up the papers and make sure […]

Oct 29, 2018

Question #30: What is the legal procedure re: divorce in New York? Does the State require that couples go for counseling first or during the “legal” separation?

New York State does not presently have a mandatory counseling or mediation requirement for couples who are contemplating divorce. A couple that wishes to get divorced in New York, must satisfy one of the fault requirements, such as proof of adultery, abandonment, cruel and inhuman treatment, etc. The process is commenced by the filing of […]

Oct 29, 2018

Question #26: My husband and I are New York City residents. We have decided to separate then divorce as soon as we have met the legal one year requirement. Between us, we have already reached agreement on custody of our 9 year old son, child support, and the distribution of our belongings (contents of our home). We have no major assets to divide. We would like to pursue a mediated divorce, but are concerned about the cost. This is the only thing holding us back at this point. At present, we would be unable to afford even standard adversarial legal services.

There are many legal requirements that are necessary in order to get a divorce in the state of New York. It is very important for you to consult with an attorney-mediator, who is experienced and trained in divorce mediation and who is familiar with the specific legal requirements in New York. There are numerous issues […]

Oct 29, 2018

Question #18: I live in Portland, OR, and I want to know where I can get annulment papers, including directions. I have only been married four months, but he has become violent. I was hit once, and filed a restraining order. Please tell me where I may get the forms/instructions that I need.

The best bet is to call your local bar association to see if they have a pro bono program for divorce and have such attorney assist you in seeking the best way to resolve your marital problem. Annulment may or not be available to you despite the short period of time which you have been […]

Oct 29, 2018

Question #12: 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 #8: If a couple wishes to have a post-nuptial agreement in New York State “acknowledged”, which agency does the acknowledging?

” Acknowledgment” simply means that the document must be signed by a notary and in the form acceptable for filing in the Registry of Deeds. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #4: My husband and I live in California. He filed for divorce about eight months ago and now we have reconciled and he is moving back into our home. The divorce wasn’t finalized, no financial documents were ever filed. Do we need to do anything to stop the proceedings? If so, what.Thank you

Your husband should make a motion with the court in which he filed the original suit requesting that the complaint for divorce be withdrawn with prejudice. By doing so the case will be taken off the court’s calendar and withdrawn entirely. Otherwise, you will still have the case pending in court and will not have […]

Oct 29, 2018

Question #2: My brother and his wife have been married for 10 yrs and reside in NY. Thru marriage he became US citizen. But now she is acting up. She has found somebody else. My brother put her thru school. But she doesn’t work in that profession. She spend a lot of money. One time he took up 2 jobs to meet the ends. They don’t have any sexual relations for years. She is verbally & physically abusive. She stays in the house like a motel. She comes and goes however she wants. They do own a house together. Now my brother have told her that he doesn’t want to live with her. But she doesn’t want to move out. How can he file for divorce? If she refuses to sign for divorce how can he get a divorce? Is there an option for it? How do they settle on the house. Though they have signed together she hasn’t paid a single penny in that house. Wd she be liable to pay the mortgage. If he needs to sell the house how can he settle on it. How can he prove her adultery? Can we hire private investigator for that. Wd that be legal in the sight of law. How does this divorce work in the state of NY?

If you are located in the New York City metropolitan area please call me at 212-370-1660 to discuss your matter at greater length. Leonard M. Weiner, Esq. Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #36: How do I begin a divorce and protect my assets?

Question #34: I am currently going through divorce proceedings and am a Canadian citizen and my husband is American, could you possibly let me know what my rights are as far as my five children are concerned. I would greatly appreciate any information you could provide.

Question #32: My husband and I have only been married months, but both agree it was a mistake. We have no children, property, assets, etc. in common. What’s the best way to approach an uncontested divorce in NYC? We reside in Queens.

Question #30: What is the legal procedure re: divorce in New York? Does the State require that couples go for counseling first or during the “legal” separation?

Question #18: I live in Portland, OR, and I want to know where I can get annulment papers, including directions. I have only been married four months, but he has become violent. I was hit once, and filed a restraining order. Please tell me where I may get the forms/instructions that I need.

Question #12: 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 ?

Question #8: If a couple wishes to have a post-nuptial agreement in New York State “acknowledged”, which agency does the acknowledging?