WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 17

Oct 29, 2018

Question #74: In NY, other than through an uncontested (involving at-fault grounds), is there any way to avoid (or shorten) the one-year separation period to produce a no-fault divorce? If so, how quickly can such a divorce be finalized (actual decree)? Thanks.

The one year waiting period is only necessary when dealing with a written separation agreement which is the basis upon which one is suing for divorce. If one is suing for divorce based on other grounds, there is no one your waiting time. However, if one chooses to litigate the divorce rather than mediate, the […]

Oct 29, 2018

Question #73: I have not been living with my wife for 13 years. She will not give me a separation or divorce. In New York state is there any way around this.

You do not need your wife’s consent in order to get a divorce in New York State. You can sue her for divorce if you have one of the six grounds for divorce which are enumerated in the section on the homepage of my web site dealing with jurisdiction and grounds. If you have not […]

Oct 29, 2018

Question #72: I am a resident of New York state, and was married in Georgia 4 months ago, can I get an annulment in New York state or will I have to go through Georgia? Thanks

If you are a resident of New York State and have been living here for over two years, you should file in New York State, which will have jurisdiction over the matter. The question whether you qualify for an annulment or divorce, however, is a matter that must be discussed with an attorney. If you […]

Oct 29, 2018

Question #71: My wife have been married for 4 years. We married in NY and lived there for 2.5 years. We then bought a house in NJ where we’ve lived for 1.5 years but I”ve continued to work in NY. We have a 4 year-old daughter. I have a high school education and have worked at the same job for 10 years and make about $80k/yr. She has a BA in business and worked for a year and a half making about $40k/yr but then stopped work to pursue a second degree to become an RN. She now goes to school full-time and works part-time making about $1600 net a month. I want to get a divorce and my questions are this: 1. If I wait another year to separate so she can finish school, will I be forced to pay more alimony because I’ve set a pattern of paying all the bills, or will the court take into consideration that she now has plenty of work opportunities with her degrees? 2. When I leave her I intend to move back to NY. Where do I file my separation and do I have to make a separation agreement with her prior to leaving? How long do I have to wait to file for a divorce? 3. To what extent does she get any proceeds from my sizeable 401k? Does she keep on getting entitled to more of it during the separation? 4. Will my child support payments be reduced once she returns to the workforce? 5. I believe she has money saved in a separate account or in her parents’ name. What can I do about this and will it affect distribution of our property? 6. I want her to continue to live in the house with my daughter but will I be required to continue paying the mortgage, car-insurance, credit cards, utilities, etc? Thanks in advance for your help!

If you’re both living in New Jersey for over one year, New York will not have jurisdiction. one of the parties must be living in New York State for over a year to file in New York. I strongly suggest that you consider mediating your divorce rather than litigating it in court, which will cost […]

Oct 29, 2018

Question #70: Dear Sir, thank you for providing this web site. The faqs posted are very helpful. My question is a simple one (I’m in new york state by the way): if both spouses are still living together but both agree to divorce, can they file for divorce immediately, or do they still need to separate for 1 year before filing for divorce?

Most people are under the mistaken belief that New York State requires a year of separation before one can get a divorce. That is in fact not the case. Assuming that both parties are in agreement with regard to wanting to divorce, we can agree on grounds in which we will be entitled to sue […]

Oct 29, 2018

Question #69: If one’s spouse is disabled and dependent on the other, can the other get a divorce while WILLING and promise to continue to support the other? There has been no sexual relationship for years due to illness and also no emotional attachment between us. I have found my true love and don’t want to be chained to a loveless marriage for life. At the same time I know I’m being depended on. For this purpose all I want is a consent to divorce and I’ll give whatever I can. We have no children. Is a divorce possible in this situation? What’s the best ground? Thank you for your answer.

No one should be forced to stay in a loveless marriage against one’s will. However, you should seriously consider the number of years that you are married, how much of that time has been spent together as a loving couple, and what you would have wanted had the roles been reversed. If you still believe […]

Oct 29, 2018

Question #68: My husband & I married in Hyde Park, NY and his permentant address is Seneca Falls, NY. He is active duty military and we reside in Washington, D.C. (where my permenant address is located). Because of our military situation, where do we file for seperation and divorce?

Depending on how long you have been living in Washington, D. C., you can file either in NY of Washington, DC. I strongly suggest you mediate rather than litigate your divorce. Please call me at 212-370-1660 to discuss. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #67: My “future” wife and her husband were married in 1996. The marriage was consummated sexually (1) time. He has lived with his parents for the past 3 years. She has lived alone in her home, which she owned prior to the marriage for that period. She would like to file for divorce. My questions are, What would constitute “abandonment” and “cruel and inhuman treatment.” She has written documentation of numerous cases of verbal abuse, supposed accidental property damage and slanderous statements. What would be the quickest way to obtain a divorce and how long would it take. Thank you for your assistance.

You do not mention whether your future wife is living in the New York State. Both of the two grounds which you selected, “abandonment” and “cruel and inhumane treatment”, unless the parties were in agreement not to contest such grounds, would have to be determined by a court after testimony supporting the grounds selected. In […]

Oct 29, 2018

Question #65: My husband and I reside in NY State. We have been married for 4 1/2 years. We have not had marital relations for the last 2 years. I stopped that part of our relationship when the requests got too weird. In December I found out he was video taping me in my shower without my consent. We have no children, but own a home together. Our savings accounts are not joint and never were. I earn twice the amount of money he does. I would like to keep our home. Would this require a fair market buy out value? Does he have any right to my savings account? Do I have adequate grounds in NY State to file for divorce?

Unfortunately, New York State still requires grounds and, although your husband’s videotaping you in the shower is, as you say “weird”, it is not a ground recognized by the statute. You would have to prove “cruel and inhuman treatment”, which may include the videotaping, but most likely would require other acts which indicate some fear […]

Oct 29, 2018

Question #63: I am a New York City resident. I was married in March of 2001. My husband traveled back to Brazil (He is Brazilian) post September 11th. He went through a period of some emotional and mental instability during this time which was very trying. He went to Brazil post September 11th to gain some support from his family and his mother requested that he “come home”. When he attempted to return to the States he was unable to. We are still on amicable terms however we communicate infrequently. I have begun to see someone else and would like to get an immediate divorce. We do not have any children or own any property together. We had one joint account but that has since been closed. Does he have to be present to begin divorce filings? Am I able to get an anulment?

Your husband does not have to be present to begin the filing process, although we will need his cooperation and agreement to get a mediated divorce. With the limited amount of information you provided, there does not seem to be grounds for annulment. Please call me at 212-370-1660 to discuss the matter at greater length. […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #74: In NY, other than through an uncontested (involving at-fault grounds), is there any way to avoid (or shorten) the one-year separation period to produce a no-fault divorce? If so, how quickly can such a divorce be finalized (actual decree)? Thanks.

Question #73: I have not been living with my wife for 13 years. She will not give me a separation or divorce. In New York state is there any way around this.

Question #72: I am a resident of New York state, and was married in Georgia 4 months ago, can I get an annulment in New York state or will I have to go through Georgia? Thanks

Question #68: My husband & I married in Hyde Park, NY and his permentant address is Seneca Falls, NY. He is active duty military and we reside in Washington, D.C. (where my permenant address is located). Because of our military situation, where do we file for seperation and divorce?