WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 12

Oct 29, 2018

Question #124: Hi. My wife and I lived in NJ for the last several years and she still lives there (in a house I’m still paying for), although I’ve moved back into NYC. We initially lived together in NYC for about 7 years after we were married and before we moved out to NJ. We were actually married in Texas, although we never established residence there. We are amicably separated and have discussed divorce as the next logical step. The most difficult aspect is that she’s still financially dependent on me and unable (or unwilling) to work. So I think we need help mapping out a mutually agreeable plan. I have a couple of questions: – You don’t mention costs on your website. Can you please tell me about how much your solutions typically cost? – Do you actually help with the paperwork for the lawsuit? Or do you only do mediation services? And if so, how much are those costs? – I’m not really sure which state’s laws we need to be concerned about. Would I be better off finding a lawyer in NJ? – What’s next? Thanks

If you are living in NYC for a year or more you can file in NY. As an attorney-mediator I will both mediate and prepare all legal documentation necessary for the divorce and file all the papers. My fee is presently $375 per hour and the total cost will depend on how many hours it […]

Oct 29, 2018

Question #123: I cannot find anywhere on the internet if it is legal or not to be served with divorce papers while you are pregnant. My husband is in the Air Force and is deployed just outside Iraq. He wants a divorce. I am pregnant and due just one week shy of his return date to Germany where we were both living. Just before he left for deployment, I moved back home to Upstate NY. We agreed beforehand (knowing I was pregnant) that the marriage has long been over (we have only been married 11 months). He put a hold on the orders to send my personal items/belongings/furniture back to me in NY until he gets back to Germany from deployment in November. I have a baby on the way, and cannot get an apartment with no furniture. I should probably inform you as well that he is scamming the government by collecting dependent pay (money he gets to support his dependent, which would be me) and he has not sent me a penny since March 15. It is now May 22. I’m sleeping on my mother’s couch while looking for a job and an apartment, but as I stated before I cannot get an apartment without furniture due to the fact that I have a baby on the way. He wants a divorce and I had a message today on my answering machine that someone was trying to get ahold of me to serve me divorce papers. As I said, I am pregnant. I know in some states it is illegal to serve a pregnant woman with divorce papers. Is this true in NY? I’ve tried contacting the Legal Assistance office at Fort Drum to get answers, but no one will talk to me. Please help. Thank you.

I am not aware of any such statute and to the best of my knowledge there is no such restriction in NYS. Your spouse will need grounds to get a divorce in NY and you can contest the grounds if you do not want the divorce. You both should seriously consider mediating your divorce. Leonard […]

Oct 29, 2018

Question #122: I was married in the state of New York, But i am currently living in the state of Georgia, is it possible to have a divorce in New York?

In order for New York to have jurisdiction over your divorce, either your spouse should be a resident of New York for one year or more, or the event upon which you are basing the grounds for your divorce took place in New York. Please call me at 212-370-1660 to discuss the matter and greater […]

Oct 29, 2018

Question #121: 2 years ago I filed for divorce in New York for actual abandonment and cruel & inhuman treatment, but before the divorce went through (it was written up and filed officially with the county) my husband decided he wanted to come back and work on the marriage. I took him back and dropped the divorce. 2 years later things are not much better and possibly considering again. Can I file again under the same grounds? Or is he the one who has to file now?

If the grounds are true, meaning he has abandoned the household or he is acting in a way that would satisfy the criteria for “cruel and inhuman treatment”, you would be able to file again. If you are living in the NYC metro area, I strongly urge you call me at 212-370-1660 to arrange for […]

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 #118: separated from my wife almost a year ago, Im in the process of getting a divorce but she is contesting it. I dont have the money to afford a long battle. When i left i gave her everything i only took personal things. there is no property and 1 vehicle that i left with her. What can she contest theres nothing to fight for. We were married a little over one year and were married in new york state. Thank you for your time.

New York State requires grounds for divorce. She may be contesting the grounds for the divorce. I strongly suggest that you seek an attorney-mediator to handle your divorce rather than “do it yourself”. This is too important a matter to leave to self help. If you are living in the NYC metro area, please call […]

Oct 29, 2018

Question #117: My husband and I were married at the NY County Clerks office in 2005. The marriage has deteriorated steadily since then. I moved to Florida 2006. He moved here a few weeks ago, but the marriage is not improving and steadily growing worse. Can I file for a divorce from the state of Florida if I married in New York. If we are both residents of Florida state, can we file for a divorce here. If I am the one divorcing him am I subject to Alimony laws? Any information would be greatly appreciated. Thank you.

Each State has different residency requirements before it will assume jurisdiction in a matrimonial case. In NY, generally you must be living in the state for 1 year . Check to see what FL’s residency requirement is. Once you have satisfied that residency requirement you can file there. Your question regarding Spousal Support (Alimony) will […]

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 #115: 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 […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #122: I was married in the state of New York, But i am currently living in the state of Georgia, is it possible to have a divorce in New York?

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?