WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 19

Oct 29, 2018

Question #52: MY EX-HUSBAND AND I HAVE BEEN SEPERATED FOR 7 MONTHS NOW. GOT MARRIED ON DEC OF 1999. I SUPPORTED “US” FOR A YEAR AND A HALF WHILE HE CLAIMED TO BE LOOKING FOR A JOB. MY EX-HUSBAND HAD JOBS FOR APPROX 6 MONTHS ALTOGETHER. NO KIDS, NO JOINT PROPERTY OR FINANCES. UNFORTUNATELY, WE ARE NOT LEGALLY SEPARATED BY THE COURT. HE AND I WISHES TO DIVORCE AS SOON AS POSSIBLE. BUT MY RESEARCH TELLS ME THAT HE AND I HAVE TO BE LEGALLY SEPARATED FOR A YEAR IN ORDER FOR A DIVORCE. OUR SITUATION DOES NOT INCLUDE ANY OF THE SIX GROUNDS FOR DIVORCE. IT’S INCOMPATIBILITY, HOWEVER NEW YORK STATE DOES NOT RECOGNIZE THAT. I NEED SOME MORE INFORMATION AND THE BEST WAY TO GET A DIVORCE ASAP. MY EX AND I HAVE AGREED ON THE DIVORCE AND WISHES TO EXPEDITE IT. IT WILL BE AN UNCONTESTED DIVORCE. THANK YOU FOR YOUR TIME AND PATIENCE. I HOPE I WILL BE HEARING FROM YOU SOON.

You do not have to wait a year to get your divorce. We can do it much faster through mediation and will find an appropriate ground on which to file. If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for all of us to meet to discuss mediating […]

Oct 29, 2018

Question #51: Dear Sir: I have gone through many of your question and answer sessions and very much satisfied that you are the only person who can render me proper guidance. Sir, I have married an Indian born USA citizen resident of New York in the year 2001 feb. After the marriage I applied for the Green Card and now I am a Green Card holder. Now due to some difference of opinions I want to get separated. Please suggest me some dignified grounds on which the divorce can take place without any mutual humiliation. I would request you to let me know after separation or divorce, will I be entitled to be a Green Card holder or not. Thanking you

If both of you are in agreement that divorce would be best,it is possible to find a relatively “benign” grounds upon which to base the divorce. Your question regarding the green card is an immigration question , not matrimonial, and must be directed to an immigration attorney. We could resolve it during the mediation process. […]

Oct 29, 2018

Question #50: My friends wife left him a year ago after 25 years of marriage.There was no other party involved, the children of the marriage are grown and living away from home.He has decided that if she files for divorce or legal separation, he will contest it on the grounds that he was the injured party (by being abandoned) He is sure that if he contests the divorce on those grounds then his wife’s application will be denied. Is he correct in his assumption??

There are a number of “Grounds” for divorce in NY, abandonment is just one of them.She may claim a different one, such as “cruel and inhuman treatment”.He can contest the grounds she chooses, but he should be prepared for a fight. Does he really want to remain married to a woman who has left him? […]

Oct 29, 2018

Question #49: How do you prove cruel and inhuman treatment? If it is possible, then do you have to wait a year for the final divorce or can it be done relatively quickly? Also, if there is no property, no children and no joint bank account, how can there be a legal separation agreement? Thank you

Cruel and inhuman treatment is proved by convincing testimony heard by a judge but it must be serious . You do not need eye witnesses, although that would help. You do not need to wait a full year to file for divorce. There are other issues along with the ones you mentioned that must be […]

Oct 29, 2018

Question #48: We live in California. My wife has filed for divorce, but has not served me with them yet. Her reason is because of other things going on in our lives right now, (a daughters marriage) we don’t have the time or energy to work out a financial agreement before the 30 day response time is up.1- How long can she hold the papers before serving me?2- I do have 30 days to respond, once I am served, but does a financial agreement and children’s custodial agreement have to be completed and agreed upon in those 30 days too? Or do they just have to be completed and filed before the final papers are signed? Thanks for your time.

Check with the County clerk’s office in the Court in your jurisdiction to find out how much time your wife has to serve the Summons once she has purchased the index number. With regard to the second question, you have to prepare an “Answer” (respond) by agreeing with or denying the allegations made in the […]

Oct 29, 2018

Question #47: Resident of NY state. We were married here and lived here. We separated 2 months ago, she wanted to be on her own for a while. We had a separation agreement drawn up and signed. I kept 2 of our 3 children, she was allowed to move out of state with our son. No support on either side, I kept house. She now knows she can’t live without the other children and is returning to the area. Her boyfriend whom she left me for, now has a job offer in this area. She has stated if he comes here she would resume her relationship with him. She wants to stay married, but if he takes the job I would like a divorce based on adultery. She has been living in the same apartment with this man in South Dakota. What proof do I need for adultery? If she doesn’t contest to adultery, how quickly would the marriage be dissolved? She believes that since we are separated that she can legally have relations with someone else, and that it would not constitute adultery? I believe she is definitely wrong, so who is right?

You will not need an eye witness to prove adultery. If you can substantiate the fact that they left NY together and have been living in S.D. together in the same apartment , that should suffice for the court. Assuming that your Separation was properly drafted and executed according to NYS statutory requirements, you are […]

Oct 29, 2018

Question #46: I was married in New Jersey, live and been married for 21 years now and things are bad. I had an affair a few weeks ago and my wife found out. She has threatened to kick me out, change the locks and take everything. She told me she would file based on adultery and take everything we own and leave me with nothing. Can she do this? I am trying to work things out with her, and we have resumed sexual relations. Can she still get a divorce based on adultery and take everything? Thank you for your help. Confused in New York

Adultery is one of the grounds for divorce in New York but it does not entitle the Plaintiff to receive all of the marital assets. The marital assets will generally be divided equally . If you are located in the greater NYC area please call me at 212-370-1660 to discuss the possibility of mediating the […]

Oct 29, 2018

Question #45: I got married on the 14th of February year 2000 in New York City to a Singaporean citizen. I carry an Indian passport but am on an H1 visa and am working in a prestigious non-profit institution in Manhattan. My husband and I agreed for me to move to Singapore since he felt that life there would be easier since he has established himself quite comfortably there. He also felt that raising a family would be easier what with the presence of the extended family, domestic help and the leisurely life in Singapore. I moved to Singapore in August 2000 only to be told by him that he had changed his mind about raising a family. Since he had two children already from his first marriage, is 53 years old, he is unwilling to be a father again and pursue that kind of lifestyle. Thinking -hoping that he was just having cold feet, we went for counseling and it was revealed that he vehemently does not want to be a father again. I begged him to change his mind because I have always wanted and want so much to be a mother and raise even one child. I had given up my life, friends and contacts in NYC to pursue family life with him. Plus I am 41 years old with my biological clock ticking like a time bomb!!!! As if the child issue was not enough to bear, he had treated me as if I was merely his companion/date rather than his wife. Being his second marriage, he has told me that his priorities are towards his problematic 24 year old son who lived with him, his own health, and that in fact, his money is his to do as he pleased. Thus, he gave me an allowance which I had to live within despite me being less affording and jobless and him having promised that he would take care of me and treat me like a queen, etc. Given the unfair conditions of this marriage, the feudalistic chauvinism that I was being subjected to, and the heartbreak, I have come back to NYC. We have agreed to live separately to get some clarity. I would like to know what can I hope as settlement in the event of a divorce? How will mediation help? Since I am of a very limited income, can I even afford to mediate, litigate? Does my immigration status affect what I can do? There are oceans between us (metaphorically, too), how can I go about securing a lifestyle that will not further humiliate me? Can broken promises be a basis for divorce? Your attention and help in this matter is greatly appreciated. Please forgive the panic and lack of cohesion of this missive. I am distressed and very sad about all this.

In order for NY to have jurisdiction, you must be living in NY for at least one year. Once you are here for a year you can file for divorce. Mediation can help speed up the process and provide you with what you will need to get on with your life. The costs of the […]

Oct 29, 2018

Question #44: I am a 42 year old woman with four children. I have been married for 21 years. Recently my husband has spoken of divorce. I want to know if he would need grounds? What are those grounds and could I contest them? If I contest them could he still get a divorce? He just recently took a job making 1/5 the amount of money he used to. Would my alimony be based on the amount he now makes, or would it be averaged over the years? Thanks for your help!

In order to properly respond to your question I must know what State you live in. In New York, “grounds” are required. In California, they are not. With regard to the spousal support you would receive, the judge would have to determine whether the present income of your husband reflects his true, present ability to […]

Oct 29, 2018

Question #43: Can some someone get a divorce in Florida if they got married in Nevada? I would appreciate if you could let me know. Thank you.

Yes, but each state has its own residency requirements before it will take the case. Please check with the Florida court to find out what that is. Good Luck! Leonard Weiner, Esq. / ivorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

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

Question #49: How do you prove cruel and inhuman treatment? If it is possible, then do you have to wait a year for the final divorce or can it be done relatively quickly? Also, if there is no property, no children and no joint bank account, how can there be a legal separation agreement? Thank you

Question #43: Can some someone get a divorce in Florida if they got married in Nevada? I would appreciate if you could let me know. Thank you.