WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 16

Oct 29, 2018

Question #84: My question is I live in New York State. I have been married for 2 years. My husband wants a separation but I am thinking about a divorce. Do I have to be separated a certain amount of time before I file for divorce? If so how long must I wait? Can I just file now?

If both are you are in agreement, I can help you so that you will not have to wait and may file for both the separation and divorce immediately. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting between us to discuss the […]

Oct 29, 2018

Question #83: My husband and I have been together for 9 years and got married this past Feb 03 . In April he had an affair that lasted till Sept. I caught him by getting a copy of cell phone bills since Jan before we married. If I was to file for divorce can these copies of the bills hold up in court? and is adultery illegal in NYC?

If the bills are copies of the originals and are unaltered I see no reason why they cannot be submitted to the court in support of your claim for adultery. Adultery is still illegal in the state of New York and is one of the grounds upon which a divorce will be granted. If you’re […]

Oct 29, 2018

Question #82: I live in the NYC area and have been married for 2 years. My wife and I separated to take time out and decide if we wanted to divorce. She originally left with the intent to divorce but I did not want to. It has been 3 months already and she has confessed to sleeping with someone else. I now want to file for divorce on grounds of adultery but she claims I cannot because we were separated. Do I have the right to file on grounds of adultery although we were separated for 3 months?

Unless you entered into a formal Separation Agreement or were separated by order of the court, having simply separated informally and gone on your way is not a legal separation and you are considered legally married. Therefore, if either of you had sexual relations during this period , the grounds of adultery would be applicable. […]

Oct 29, 2018

Question #81: Do I have grounds for a divorce?? here’s my story. My wife has been out late a lot lately. And talking to a Fellow male military member. finally on labor day weekend after not going with us to camp (she had to work) she was supposed to arrive on Sunday a little after 3pm. after numerous phone calls to her cell phone and my home, finally her mother and I packed the kids up at 10:45pm and went home thinking the worst. when I got home there was no car there. I immediately checked the answering machine thinking car accident. nothing. I guess I came to the realization that she would be at this other man’s house. It was now 12 midnight. I got to his house and there she was. I rang the doorbell for a minute and it took about 2 mins to answer the door. She was in the back of the living room in an uncomfortable computer chair with her hair messed up. I went outside with her and asked what do you want to do, stay here or come home and talk; she kept telling me I dont know. I finally left. I stopped by the navy gate shack to file a report; at that time I didnt. I left for home appr. 1 hour later; a rep from the navy called and asked me if I wanted her to come home or go to a hotel as she was being asked to leave military housing. I said I want her to come home. when she arrived she barely said a word. After trying to talk i gave up and tried to sleep. I got up and went to the bathroom when I was in the bathroom I saw on the floor a bag with night clothes that she wears, toiletries and condoms. (I had a vasectomy in 2001. these condoms were from my drawer and forgotten until now.) I went downstairs and asked her what were these were she said “whatever”. I tried then again to sleep. I found I couldn’t. She had all the money and I needed cigs really bad by now. so I went into her purse and found condoms again. I yelled grabbed the money took both bags of condoms and went down to the navy base and filed a nine page report telling about that night and frequent times she’s been late when talking to him. Then I went home. By this time my mother talked to her and she said she would tell him she would not talk to him anymore. Then I said if she did that I would get the report back. I did and she did. I now find thru phone records that she called him the same day when I was sleeping and has continiued to do so. he now says I am following him and has pictures of this. I am not. She does not want to be married, is continually verbally abusive to me, and we still live in the same house. I gave her the bags of condoms trying to make her see that I just want to be together. So now no report, no evidence, no nothing. Last week I found a card addressed to him saying she couldn’t wait to be in his arms again. Do I have grounds for a divorce??? I can’t let her continue to try and argue with me in front of the kids. I want physical custody and she’s been staying out late still. I keep a journal of it . So I am asking you: do I have grounds for a divorce and what if any are my chances??

Assuming that you can provide evidence of such events, I believe you’ll have enough grounds to sue for divorce based on adultery. It will be up to the judge to hear your testimony and to hear the testimony of your wife and to decide if in fact you have proven the grounds upon which you […]

Oct 29, 2018

Question #80: My wife and I were married about two years ago. Shortly after the wedding, I discovered that she had been having an affair with a man. Their sexual relationship had lasted right up to the wedding. Their relationship continued after the wedding, but my wife claims not to have had intercourse with the man. We have been separated (but not legally) for 6 months. I have decided that I want a divorce, and she said she would agree to one. The problem is that, in New York, you needs grounds for divorce, and this does not include “no fault”. Abandonment would only be accepted if she had left over a year ago. Can I file for divorce under Adultery even though it happened before the wedding? Can I file under “Emotional Abuse”? Any advice would be greatly appreciated.

If you and your wife are in agreement regarding the desire to file for divorce, it is possible to find the proper grounds upon which to file. If you are located in the metropolitan New York City area, I strongly recommend that you contact me 212-370-1660 to arrange for a meeting for all of us […]

Oct 29, 2018

Question #79: My sister’s husband left her for another women whom he said (thought) was pregnant with his child. After realizing that the child was not his, he has been trying to reconcile with my sister who is adamant about remaining separated. They have been separated for almost two years now and in my attempt to help her, I want to know what the case for divorce looks like just taking into consideration the information provided thus far. (Married in NYC- both residing separately in NYC.)

Based on the information you provided, your sister would have grounds for divorce as a result of her husband’s adulterous affair with this other woman. Although your sister has been separated for two years, since it is without a written separation agreement or other form of legal separation, she is still considered legally married and […]

Oct 29, 2018

Question #78: I and my wife decided to divorce in NY State. it will be an uncontested. We have agreed to get divorce but we haven’t separated for one year. Is it possible to get divorce? or Do we need to be separated for one year?

It is possible to get divorced without waiting one year, depending upon the ground upon which the divorce is based. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #77: My wife and I filed for divorce back in 1985 in NYC. I signed the papers but somehow her Lawyer never filed the divorce. We found this out 2 years ago when she try to get married again. We have no children and we agree to have a separate life. We were married for only two years. I live in GA., Can I file for divorce from GA?

Before you commence a new case in GA, you must be certain that no case was filed in New York. You must have someone search in the county clerk’s office of the borough in which you lived for a file in your name vs. your spouses name filed sometime in 1985. Once you’ve determined that […]

Oct 29, 2018

Question #76: I am currently living in Virginia but my home of record is New York. If I got married in the State of Virginia could I get a divorce under New York law? If I can is there any criteria that I would have to meet to do so?

In order to file for divorce in New York, at least one of you must be a resident of New York for at least one year and the grounds upon which you are divorcing took place in New York, both of you are residents of New York for at least one year, or one of […]

Oct 29, 2018

Question #75: I have been separated from my husband since 11/2001 and i am in the process of filing a divorce representing myself and i wanted to know whether it is legal to file for a divorce without a legal separation. I would really appreciate it you can help me in any way. Thank you for your time.

The divorce process it is too complex and important to leave it to yourself to do. I strongly suggest that you engage an attorney-mediator experienced in divorce and matrimonial matters who can assist you. No legal separation is necessary if you have other acceptable grounds upon which you are suing for divorce. You can see […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #84: My question is I live in New York State. I have been married for 2 years. My husband wants a separation but I am thinking about a divorce. Do I have to be separated a certain amount of time before I file for divorce? If so how long must I wait? Can I just file now?

Question #78: I and my wife decided to divorce in NY State. it will be an uncontested. We have agreed to get divorce but we haven’t separated for one year. Is it possible to get divorce? or Do we need to be separated for one year?

Question #76: I am currently living in Virginia but my home of record is New York. If I got married in the State of Virginia could I get a divorce under New York law? If I can is there any criteria that I would have to meet to do so?