WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 15

Oct 29, 2018

Question #94: My girlfriend was married many years ago in Bahamas. She lived with her husband for a very short period of time in which he beat her. She has police reports to prove. She had sent money to a friend in Bahamas to do the divorce and really never got anything back. We want this straightened out. How do we proceed without involving this abusive ex husband. She is away from him for many year (5+) and is a new york resident her entire life. No kids.

Since your girlfriend is living in New York for over two years, she may file for divorce in New York. Her husband must be served, or at least a serious attempt to find his present whereabouts must be made, before you can proceed with the divorce. If she is living in the New York City […]

Oct 29, 2018

Question #93: Question: My husband and I live in NY. We were married in NY in 1994. He recently said he wants to separate because he no longer feels comfortable being married to me because he has changed as a person. He said that after a year he plans to divorce me. We also have only one child who will turn 8 this year. We have been dealing with some hardships in our marriage the past two years. I feel we can overcome them, but he is refusing to try. I don’t believe a separation is necessary and certainly not divorce. If I don’t agree to separate, can he still go ahead and force one? Also, if we do separate, I’m self employed and make just a little less income then he does. A difference of about $6000./yr. If I were to be the custodial parent of our daughter, would he have to pay any child support or alimony?

Because you have a child you owe it to your child to tryfamily counseling before divorce. However, if family counseling does not help or your husband refuses to go he will be able sue for divorce without your consent. It will be a contested divorce and he will have to prove “grounds”. See my web […]

Oct 29, 2018

Question #92: Seven months ago, I separated from my husband of fifteen years. It was my intention to file for divorce on the grounds of cruel and inhuman treatment, but at his request we filed a separation agreement instead. He has recently informed me that he wishes to proceed with the divorce so that he can get on with his life. (I have since heard through the grapevine that he has a new girlfriend who is allegedly pregnant, and whom he wants to marry). I am more than happy to give him the divorce. My question is can a couple who is legally separated file for divorce before one year of separation. We live in New York State and I don’t know if this will make a difference.

It is possible to get a divorce without having to wait the one year period after separation. The grounds, however, cannot be based on the written separation agreement. If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter at greater length. […]

Oct 29, 2018

Question #91: I have a family member that wants a divorce from his wife. They haven’t had sex in over 2 years. Neither one of them would initiate it. About 4 years ago he asked her if she would like to renew there wedding vows, she told him NO. Does he have any grounds for divorce in the state of New York.

Not wishing to renew one’s wedding vows is not grounds by itself for divorce. However, if both parties are in agreement that they would like to divorce, it can be accomplished based on the information you provided. If they are living in the New York City metropolitan area please have them call may at 212-370-1660 […]

Oct 29, 2018

Question #90: Sir, My daughter wants to leave her husband because of severe mental abuse.Can she leave the state of New York and come to North Carolina without legally seperating, or would that be considered abandonment?

Abandonment requires that the person leaving be absent for a period of one year or more before it can be grounds for divorce. If you daughter is the one who wishes the divorce, however, then even if she has “abandoned” her spouse, she should not care because it is she who wishes to terminate the […]

Oct 29, 2018

Generally, the courts in NY recognize decisions made in other jurisdictions, subject to proper notice to all the parties and the fairness and equity which results from the decision. A lot will have to do with the actual jurisdiction in which the decision was made and whether the decision would have been dramatically different had it been made in NY. If the assets of the couple are located in the NY or the children of the marriage are located in NY, the courts will be more apprehensive about accepting a decision of another court. Such a situation requires the assistance of experienced legal counsel. If you are located in the New York City metropolitan area , I strongly suggest you call me at 212-370-1660 to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

Being separated is not recognized as a grounds for divorce. You must have entered into a written separation agreement which was prepared properly with all the legal requirements in order to use the grounds of legally separated for one year or more. There are , however, other alternatives that can be used for grounds. If […]

Oct 29, 2018

Question #88: A man, who is married in NY, gets a foreign divorce and marries someone else in NY. Can his first wife go to court, in NY, and get this divorce invalidated? Is this man committing adultry?

Generally, the courts in NY recognize decisions made in other jurisdictions, subject to proper notice to all the parties and the fairness and equity which results from the decision. A lot will have to do with the actual jurisdiction in which the decision was made and whether the decision would have been dramatically different had […]

Oct 29, 2018

Question #87: In 2001 I married an immigrant from Argentina. We have been married for almost 2 years in January 2004. I recently found out he cheated on me w/ a woman in London for a week. He doesn’t know that I know about it. I’ve already taken steps to divorce him .I want to know what evidence or proof do I need to file for divorce on the grounds of Adultery? I have reciepts , emails and phone numbers. Is this enough? How quickly will the divorce proceed on adultery grounds

Provide as much documentation as you can to support your position and your claim regarding your spouse’s adultery. After you both testify, the judge will review the evidence presented and the testimony and will decide which one he believes. If your spouse contests the divorce starting with the grounds, the process could take years. Divorce […]

Oct 29, 2018

Question #86: My brother’s wife left him last year and got her own apartment stating repeatedly she didn’t want to be married to him anymore. He has, on numerous occassions, asked her to come back home and she continues to state that she no longer wants to be married. He has decided to pursue getting a divorce based on abandonment, however when he told her of his intentions, she told him she wouldn’t pay for anything nor would she sign anything? So does this mean he’s stuck just being married to someone who has not only left him, but refuses to set him free as well? They both live in New York State. Thank you for your attention.

Your brother does not need the consent of his spouse in order to file for divorce. If she has in fact abandoned the marital home for over one year he has grounds for divorce and may file a summons and complaint for divorce under New York State law. If they are living in the New […]

Oct 29, 2018

Question #85: Great web site.Sure to get lots of prayers from the sufferers of once holly/now hell marriages. Here is my question: My wife and I are foreign nationals, OR residents. While she was abroad for more than a year she has filed for divorce in our original home country.The case is under progress.Now she is back in OR and has gotten “a petition for seperation” issued as well as a “Groundless, restraining order” put in place. She got the petition served to me by tricking me into seeing our little kid scam. Can she file for this or do anything else legally while her original filing for divorce is in place and followed up by her local attorney abroad? She did do it right after she got back into the States after an absence of more than a year. Of course all she is trying to do is to hurt me in anyway she can.THANKS A LOT IN ADVANCE AND GOD BLESS FOR THIS SITE.

If the state of Oregon recognizes the foreign court as having a legitimate right to jurisdiction over the proceedings, then OR should defer the matter to the foreign court since it was filed there prior to the case in OR. You must consult with an experienced matrimonial attorney in your area to determine whether in […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #90: Sir, My daughter wants to leave her husband because of severe mental abuse.Can she leave the state of New York and come to North Carolina without legally seperating, or would that be considered abandonment?

Question #88: A man, who is married in NY, gets a foreign divorce and marries someone else in NY. Can his first wife go to court, in NY, and get this divorce invalidated? Is this man committing adultry?