If she is living in Maryland for 2 years or more she should file in Maryland regardless of the fact that she was married in NY. Leonard Weiner, Esq. Divorce Solutions 212-370-1660
Continue Reading...Dec 21, 2018
WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS
Nov 27, 2018
Question #307:I got married at city hall in New York. then went to New Jersey where I found out he only married me to try and get a green card, which he never got and probably got deported. Now 20 years city hall in New York says am still married. what can I do to end this fake marriage?
You must file for divorce and try to find out where your spouse lives and send him a Summons and Complaint. You must make an attempt to locate him. If you cannot you must go back to the court and prove you have made a serious attempt to find him and then the Court will […]
Continue Reading...Oct 29, 2018
Question #6: Which counties do you practice in? What are your costs? Our marriage has been strained for a year or two now. I just found out, in a recent trip to Virginia where we have a joint bank account and safety deposit box, that in December of 1996, my wife opened the safety deposit box, took all the contents in the box, and then closed the box account. All without my knowledge, consent, or notice. In the box, there were lots of gold jewelry, gold coins, cash, redeemable bonds, deeds to lands and the deed to our townhouse, several gold rings and necklaces. All of these items were either given to me, or bought by me as she has never held a job. What should I do at this point? Could a lawsuit be filed in the above? Please advise. Thank you.
You did not mention which State you were presently living in or the State in which your spouse is living in. Generally, the State which will have jurisdiction over your divorce will be determined by your length of stay in such State, each State having its own particular requirements. I am located in the New […]
Continue Reading...Oct 29, 2018
Question #238: I am separated from my husband for a number of years now. We use to live in the USA, we are both citizens and got married in city hall New York. We now reside in Ireland. I want to know can I get a divorce in the USA?
I do not know what the jurisdictional requirements of Ireland are to file there, but New York requires that you be living in NYS for between one and two years (depending on certain factors) just prior to filing in order for it to have jurisdiction. If you are living in Ireland for a number of […]
Continue Reading...Oct 29, 2018
Question #237: I am separated from my husband for a number of years now. We use to live in the USA, we are both citizens and got married in city hall New York. We now reside in Ireland. I want to know can I get a divorce in the USA?
I do not know what the jurisdictional requirements of Ireland are to file there, but New York requires that you be living in NYS for between one and two years (depending on certain factors) just prior to filing in order for it to have jurisdiction. If you are living in Ireland for a number of […]
Continue Reading...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 […]
Continue Reading...Oct 29, 2018
Question #235: My soon to be ex-wife and I moved to New York 7 months ago for the greater good of our two year old, and right before we left she asked me for a divorce. She filed first having a divorce lawyer as a family friend in California. What state has jurisdiction? I have to respond to the filing in 10 days. Do I have to respond at the California court house or can I mail them in now that I live in NY? Mediation is done through the telephone evidently. Any advise would be greatly appreciated. Thanks in advance.
I order for New York to have jurisdiction, you must be living in NYS for 1 or 2 years depending on Specific circumstances. It appears from your description of the situation, that CA has jurisdiction. You must respond to the Summons and Complaint. I strongly suggest that you speak to your wife about mediating, rather […]
Continue Reading...Oct 29, 2018
Question #234: My soon to be ex-wife and I moved to New York 7 months ago for the greater good of our two year old, and right before we left she asked me for a divorce. She filed first having a divorce lawyer as a family friend in California. What state has jurisdiction? I have to respond to the filing in 10 days. Do I have to respond at the California court house or can I mail them in now that I live in NY? Mediation is done through the telephone evidently. Any advise would be greatly appreciated. Thanks in advance.
I order for New York to have jurisdiction, you must be living in NYS for 1 or 2 years depending on Specific circumstances. It appears from your description of the situation, that CA has jurisdiction. You must respond to the Summons and Complaint. I strongly suggest that you speak to your wife about mediating, rather […]
Continue Reading...Oct 29, 2018
Question #233: I recently got married at the NYC city hall 2 weeks ago. We were a happy couple until we started talking about finances together. Basically, he refused to financially support me and called my parents to support me until I graduate my education. In this process, my husband’s hatred towards me became overboard and became verbally abusive and threatening. We are not currently living together but I could not stop thinking about the chances of physical abuse if I were to be around him. I am scared to stay in this marriage. He also wanted to end this marriage. Should we go for annulment or divorce? Thank you.
You do not appear to have sufficient grounds to seek an annulment or even a divorce in NYS. You must wait a minimum of 6 months and then can file for a “ No Fault” divorce. If there is any possibility of physical abuse, you should not put yourself in danger. Please contact me at […]
Continue Reading...Oct 29, 2018
Question #232: I am writing this on behalf of my daughter. We parents are staying in overseas. Our daughter is in H1B visa, staying in NY from June 2013. She said she married to one guy who is in student visa just 2 weeks ago (Nov 6th 2015) without our (parents) knowledge. She was in love with the guy since many years but we parents did not approve it due to religious grounds. She was complaining about depression from few months. She might have married to the guy during depression or by some pressure or the guy is fraud as we parents of lot of assets. 2 days after the marriage she called us & told that she urgently got married because she thought parents will take her back from United States as we were supposed to arrive at NY on Nov 9th. We planned this trip almost in early September with the consent of our daughter to stay with her for 2 weeks. Surprisingly, she made a hasty decision. In this case, is there any way our daughter can get annulment or divorce immediately? We are trying to findout why & what exactly made her to take such a hasty decision. If it is because of depression, is the marriage valid? We were told, she was not taking any medication for depression but she used to call depression hotline. What sort of documented evidence is required to prove she signed marriage license during depression? Or the guy is fraud, may be interested in our property or using our daughter’s H1B visa to get shelter after his studies etc. If she is willing to accept that she made hasty decision without clearly thinking about the future consequences, in what ground we can help to get divorce or annulment? How long it would take? How much it would cost? Looking forward to hear from you.
Under the relatively new “ No Fault” law in NY , after 6 months your daughter can apply for divorce. Without having to claim any type of fault, but just to state that the marriage has broken down irretrievably for a period of at least six months. Please get in touch with me when you […]
Continue Reading...