WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 18

Oct 29, 2018

Question #62: My friend’s husband has filed for divorce on the grounds of cruel and inhuman treatment. He is going to have the summons delivered within the next day. The fact of the matter is that he is a homosexual and has never had sexual relations to me. She did not learn of his sexual preference until recently. She was trying to make the marriage work since it was arranged. He even kicked her out of the house and cut off all her money. We believe he is doing this so he won’t have to give her much money since he makes a very good living. How long does she have after the summons is delivered? If she avoids the summons can he declare a divorce publicly and it be in effect? She is in New York Metro Area. Please Help.

She has 20 days to answer the summons from the date of receipt. There are many details to the way the summons is served and if it is accompanied with the Complaint or just with a Notice which may change the way in which you must respond. I do not understand what you mean as […]

Oct 29, 2018

Question #61: I’ve been on my own from wife for over 2 years living in New Jersey. She lives in NYC. We were married in NYC. Now that I ready to move on, should I get divorce in New Jersey or New York?

Answer: You can file in either state. Call me at 212-370-1660 to discuss mediating the divorce and preparing the Separation Agreement and divorce papers. Leonard Weiner, Esq.\Divorce Solutions

Oct 29, 2018

Question #60: My husband and I have been married almost 23 years. During the course of our marriage, he has had 2 affairs. Both times he moved out after putting me through a lot of verbal abuse. Both times, I took him back. The last affair, that I know about, was 9 or 10 years ago. This past year I went through an emotional roller-coaster. My brother was diagnosed with terminal brain cancer. He and his family lived 3 1/2 hours from me and I spent most of the year traveling back and forth to spend time with him. Not to mention, I had to be the strong one for my parents, my 2 kids and my brother’s wife and 3 small children. My husband gave me no emotional support, although I begged him too. In fact, at times, he seemed to try to make things more difficult. After 10 months , my brother died in November. I still was expected to stand strong for everyone else, which left me no time to grieve. Again, my husband was no help emotionally. Everything came to a head in late March of this year.I told my husband that I loved him but I wasn’t sure that I was still “in love” with him and that I might want out of the marriage.I told him,that at the very least, I needed time for myself to regroup and find myself after losing my brother, who was a major part of who I am. My husband moved out a few days later. He never gave me his address or phone number, although I could reach him at work.He continued to pay the bills but he closed out our joint bank account 2 weeks ago.On July 3, I was served with divorce papers. He is charging me with “cruel and inhuman treatment”. I am employed through the school district but I didn’t apply to work summer school because he had asked me not too so I’d be available to go on vacation. Of course, this was before he left. Now it’s too late to work summer school, so I have no income at all.He knows that I cannot afford a lawyer to defend myself. I have several questions. First,if I can convince him to do so, is it too late to change the grounds of divorce?If it is, how would these grounds affect the outcome? I only earn about $8,000 a year compared to his $50,000 a year.My second question is, since I just received the summons, is it too late if he agrees to it, to drop the divorce action and get a legal seperation instead? My third question is, if he wants this so badly, can I legally have him pay for my lawyer? Isn’t it required that I have the right to representation? We live in Upstate NY and we have 2 children. Our son is almost 21 but our daughter is only 17 and soon to be a senior in high school. I’m scared and desperate here. I only have 20 days to respond to this summons and as I said, I have no money to retain a lawyer.I hope that you can help me with some answers to my questions.

He can amend the complaint to change the grounds. you can, in any case, deny the grounds and contest the divorce or you could deny the grounds he claimed and counter sue him for divorce based on the same or other grounds. He can amend or drop the suit at any time before a judgment […]

Oct 29, 2018

Question #59: When a New York resident wants to file for a divorce from a marriage that took place in Ontario, Canada (where the husband still lives), what are the proper steps to take?

If you were married in NY and are living in NY for more than a year or the grounds upon which you are basing your divorce took place in NY, or if you alone are living in NY for two years, you can file in NY . If you are located in the NYC metro […]

Oct 29, 2018

Question #58: Hi-My wife and I want an uncontested divorce. We want it to be fast and easy and not have to go to court. What grounds is best to use? She abandoned me over a year ago, but there was also cruel & inhuman treatment involved. We’re each willing to sign off on either or both grounds. Should we use both? Would that help the divorce go through? Or do the courts want you to pick only one – and if so, which one is better? Thanks & great website.

Abandonment is an easier “ground” to prove since it is clearly defined in the statute. Only one “ground” is necessary and if both of you are in agreement as to the “grounds”, the court will not bother to challenge it. However, there are many other matters ( e.g. child custody, child support, maintenace, division of […]

Oct 29, 2018

Question #57: I was married in December of 1997. In March of 1999 my wife told me that she did not want to be married any more, I agreed and moved out. In November of 1999 she moved to Florida and lived there until July of 2001. Do I have grounds for a divorce under abandonment or separation? P.S. We have a 4 year old son. Will this affect my ability to get a divorce?

You do not indicate what State you are living in. From the information you provide, you would not technically satisfy the criteria for abandonment in NY state but if you and your wife are in agreement to divorce, we could find suitable grounds upon which to base the divorce. Having a child will not impair […]

Oct 29, 2018

Question #56: My husband just served me with a UD-4 form or summons for divorce. He had some one else delivered it. We are getting divorced by mutual agreement. Child support, custody, visitation have been discussed. We were married for 22 years, but he abandoned me 15 years ago. Now, I want to know if I have to appear in court within the first 20 days of receiving this form? What does DRL Section 170 subd. mean? I want to keep his last name because all my paper are under his last name. What do I have to do to keep it? Will I be entitled for alimony money? In the summons, he claimed abandonment of the Plaintiff by the Defendant, What does this mean? How can it affect me? It was not discussed in the agreement.

You must respond in writing with a legal Answer to the Summons and Complaint within the time indicated. You do not have to actually appear before the court. DRL is New York’s Domestic Relations Law. From the balance of the Questions you ask it is apparent that you need to consult with an experienced matrimonial […]

Oct 29, 2018

Question #55: My wife left me 1½ years ago and went to live with her mother where she still is today. She has been asking for a legal separation for most of that time, and I have refused. I held hope that if we were casually separated we might resolve whatever differences we had and get back together without going through the courts. We have been married for 28 years (in NY State), but the last 3 years before she left were strained. She held out sex for almost 2 years and communications between us was breaking down during those years. She retained the services of a lawyer shortly after she left, and that lawyer asked me to respond to her request for the separation. I refused because I felt entitled to know her grounds, but none were ever given. Now after 1-½ years, her lawyer sent a letter with my wife’s “grounds” for separation. The list contains fabrications, exaggerations, and lies that I am convinced her lawyer talked her into. I’ve had enough, and now I want a divorce. Can I file on the grounds of abandonment? Can I prevent her from filing these lies in a court record by forcing her to prove her statements? Finally, is there any way I can have her lawyer reprimanded for promoting these serious allegations about my character?

Yo can file for divorce based on the grounds of abandonment. I strongly recommend you mediate rather than litigate your divorce. It is cheaper, faster and less emotionally draining. IF YOU MEDIATE THE DIVORCE, YOU CAN AGREE UPON THE GROUNDS AND CAN AVOID THE “FABRICATIONS” BECOMING PART OF THE RECORD!If you are located in the […]

Oct 29, 2018

Question #54: I have been legally separated from my wife since July of 2001. She filed for it. We lived in Indiana, but I have moved and now live in New York. I need to file for a divorce but do not know where, NY or IN. We have a 6 year old son.

If you have been living in New York for 2 or more years or even one year, under certain circumstances, you may file for divorce in NY. Otherwise, you may have to file in Indiana. Please call me at 212-370-1660 to discuss mediating the divorce. I can help. Leonard M. Weiner, Esq. /Divorce Solutions

Oct 29, 2018

Question #53: I have been living with a friend for the last year since my husband left me two years ago. I work off the books since I really don’t have too many skills. I pay my friend in cash and most times she gives me a receipt. I am interested in getting a uncontested divorce. There are no children or property assets. He also agreed since he wants to marry his new girlfriend. What can I use to show N. Y. residency since I don’t drive and I don’t use credit cards. Please advise.

If both of you are in agreement about the divorce and no one will contest your claim of New York residency, you will not have to prove your residency and your sworn statement to the effect that you have been residing in NY for the last year will be enough. If you are located in […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #61: I’ve been on my own from wife for over 2 years living in New Jersey. She lives in NYC. We were married in NYC. Now that I ready to move on, should I get divorce in New Jersey or New York?

Question #59: When a New York resident wants to file for a divorce from a marriage that took place in Ontario, Canada (where the husband still lives), what are the proper steps to take?

Question #54: I have been legally separated from my wife since July of 2001. She filed for it. We lived in Indiana, but I have moved and now live in New York. I need to file for a divorce but do not know where, NY or IN. We have a 6 year old son.