Divorce Solutions

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LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Oct 29, 2018

Question #133: My husband and I were married in NY, but we live in Arizona and own a house here, can you tell me under what state laws we will have to get divorced under? Also, we do not have kids and are parting amicably and would like to do this as cheap as possible (write our own papers etc.) can you recommend a legitimate website where we can get legal papers to fill out? Thank you.

You will have to file in Arizona if you have been living there for a few years. I believe Arizona has a simple, no fault divorce procedure. Please contact the County clerk’s office in your county. I strongly recommend that you get experienced, matrimonial legal counsel to assist you. The matter is too important to […]

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Oct 29, 2018

Question #132: We were married in NY five years ago and then moved to CT soon after. Is it possible for me to remain in CT- but use a NY lawyer? I feel that NY is a better place to get a divorce in.

If your spouse is still living in New York, you can file in New York. If both of you are living outside of New York for over one-year, you will most likely have to file in the state in which you are living for the last year. And if your husband is still living in […]

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Oct 29, 2018

Question #131: I am about to be served with divorce papers. My husband and I were married in Brevard County, Florida. He is originally from Monroe County, New York. He is a Florida resident. We moved to Rochester in December 2006 and I left in January 2007 because of his temper and physical nature. He has filed for divorce in monroe county. What are my rights, are they Florida laws, or New York laws. We also sold a vehicle that belonged to myself and was only in my name and purchased a new vehicle in his name. Am i entitled to ask the court for alimony or some kind of arrangement for him to get me a vehicle for transportation so that i have a means to work. I am not working and havent much since I have been in Florida for the reason of a vehicle. I am living with my sister and her family and I believe it would be most helpful if there is any advise that you can give me before I sign the divorce papers. I believe it should have been my husbands responsibility to help me out financially as the reason I left New York was for the abuse. While in Florida i have called the police several times for domestic violence but i dropped the charges. Can you please help in any way?

If your husband filed in the New York State , you will be subject to New York state laws. However , if he is a resident of Florida , and has been living there for over a year, and you are living outside of New York as well, New York should refuse jurisdiction of this […]

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Oct 29, 2018

Question #130: If I was married in south America in the 60s moved to the US and became a duel citizen have been in NY ever since. Now I want to get a divorce but here is the detail Husband was in jail for 10 yrs and was released back in 2003 and we tried to live together. He then last year left to live with his girlfriend for a couple of weeks and it didn’t work so he came back. We are in the process of selling our townhouse and I just want to be rid of him. Can I get a “default divorce” in my favor??

There is no such thing as a “Default Divorce”! You must serve the other party and if your souse contests the divorce you must prove grounds for divorce. If you are located in the NYC metro area, please call me to discuss the matter at greater length. Leonard Weiner, Esq./Divorce Solutions

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Oct 29, 2018

Question #129: I live in a suburb of NYC. I have been married for 5 years and have one child (1 year). I am completely miserable in my marriage. My husband and I do not love or even like each other; however, I know I do not have legal grounds for divorce in NY. When I bring up the topic of divorce/seperation he tells me to leave but to leave our son with him. He says he would never separate without full custody of our son. I would be willing to share custody (if I was the primary custodial parent). I would not even want spousal support-just child support. My question(s) is/are am I stuck in this marriage due to lack of legal grounds and refusal of my husband AND if divorce is possible could he really get custody of my son? I am currently a part time NYC school teacher. I stopped working full time when my son was born. I could go back full time whenever I want; however, even if I worked full time he earns more than double what I do-would this impact custody? Also, I would have to reside with my parent’s (more than enough room for my son and I) for about a year to get on my feet. My husband could afford to live on his own.

I live in a suburb of NYC. I have been married for 5 years and have one child (1 year). I am completely miserable in my marriage. My husband and I do not love or even like each other; however, I know I do not have legal grounds for divorce in NY. When I bring […]

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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 […]

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Oct 29, 2018

Question #126: Hello, My husband and I created a Separation Agreement about a year ago, privately between the two of us. We are best of friends and still live together, (roommates- no sex), and lead separate lives. We have no children, property, or anything together. We each have our own things. Though we do file joint taxes. We got married because we thought it was the next step, but we really are just best of friends. We are very amicable J We now wish to move forward and divorce. My questions are: 1- Can we still live together (as roommates- no sex involved). 2- Did our living together ruin it in the “eyes of the law” and so they won’t view us as “separated” and we have to start over!!? 3- As neither one of us is abusive, we have not abandoned each other, or been adulterer’s etc… what could we use for grounds? Thank you.

Unless you had experienced, legal counsel when you drafted and executed the “homemade” Separation Agreement, I doubt whether it is legal or valid. I cannot overemphasize the need for experienced, legal counsel when it comes to such important matters. It is possible to still live in the same quarters and be separated but it would […]

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Oct 29, 2018

Question #125: I’ll make this short and to the point. Hopefully I will give enough information to get an answer. In the next 2 months I plan to leave my husband. He hasn’t cheated on me (as far as I know) and vice versa. He isn’t physically abusive, he’s just not supportive emotionally. In my opinion he is a self-centered controlling mommas boy. He is an only child of a woman that has too much input in our lives. Over the years I have become very unhappy and withdrawn. We have a 4 year old child. I want to leave, we have about $50,000 in the bank. Because I know that he will make it very hard for me to get any of that money my plan is to move mine and my child’s things out the house while he is at work. Go to the bank and take 50% of what is in the accounts. I’m not going to take any of the furniture just my belongings. I work and have always worked. We pay all the bills together. I’m the primary caretaker of our child, I’m the one that tends to all his emotional needs, the doctors appt, the school trips and anything else that is involved in our child’s upbringing. My husband doesn’t do anything for our child except show up. My husband is not a bad father, he’s just not a good one. He doesn’t know how to be there for anyone but himself. I have no intention of keeping our child from him. We can share custody I just want physical custody of our child. I live in NY and know that I can’t file for divorce immediately. I don’t want ANYTHING from him except for him to take care of his child. If he and I can work that out between the two of us I prefer to do it that way. I don’t want to run back and forth to court, don’t want lawyers involved. I just want to get on with my life without him, but we can try and be friends for the well being of our child together. What legal advice can you give? Oh, we have been married for 4 years

First, it is a common misconception among many people that you cannot file for divorce immediately in the New York State. You can file for divorce immediately depending on what the grounds are. You will , however, need grounds such as cruel and inhuman treatment, or abandonment or the like. If the money you mentioned […]

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