If she is living in Maryland for 2 years or more she should file in Maryland regardless of the fact that she was married in NY. Leonard Weiner, Esq. Divorce Solutions 212-370-1660
Continue Reading...Oct 29, 2018
WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS
Oct 29, 2018
Question #230: I’m an Italian citizen that got married in 2009 in New York with an American citizen fron NY. So then I got the greencard and we lived together in US for less then two years as residence. Then we moved out the Country (US) and since August 2010 We are been living in Italy for 5 years. So We are both resident in Italy, and my wife has the permanent residence permit for Italy as well (equivalent to the American green card) we are now discussing divorce, and asking us where having to file for divorce and under what law, if in New York law where we original got married six years ago, or we have to do it under Italian law? Thank you.
Since you both have been living in Italy for the past 5 years, you would file for divorce in Italy, Regardless of the fact that you were married in NY. Good Luck! Leonard Weiner, Esq. Divorce Solutions 212-370-1660
Continue Reading...Oct 29, 2018
Question #229: I was married in New York in 1978 and have been living apart from my husband for over 30 years. How long must I wait for an uncontested divorce in New York to be finalized and can it be expedited?
Unless you filed for divorce and the Court issued an Order of Divorce and it was filed in the County Clerk’s office, You are still legally married with all the legal implications, such as marital property, spousal financial responsibility, etc. If you are living in the NYC metro area, call me at 212-370-1660 to arrange […]
Continue Reading...Oct 29, 2018
Question #228: I was married in new York in 1978 and have been living apart from my husband for over 30 years. How long must I wait for an uncontested divorce in New York to be finalized and can it be expedited?
Unless you filed for divorce and the Court issued an Order of Divorce and it was filed in the County Clerk’s office, You are still legally married with all the legal implications, such as marital property, spousal financial responsibility, etc. If you are living in the NYC metro area, call me at 212-370-1660 to arrange […]
Continue Reading...Oct 29, 2018
Question #227: I married a Brazilian man in NYC (town hall) on July 10, 1994. We resided in Manhattan until May 1995, whereupon we moved to Brazil with our newborn son. My ex is a prosecutor in Brazil, and our marriage was legally recognized there, and I became a legal resident. I obtained work as a translator. In 2003 my husband and I divorced amicably and I remained in the country until 2009. I returned to NYC in July 2009 where I lived until June 2010, when I moved to NJ where I currently live with my son and new fiancée. My question is: I plan on remarrying this year. I understand that there is an agreement between Brazil and the US wherein one country recognizes the marriages and divorces conducted in the other and it’s simply a matter of filing the requisite paperwork. Is this true? Do you handle this type of situation? What is your fee schedule for this type of situation? I look forward to hearing from you. Thank you.
Since you have been living in NJ for over 2 years, you should file your divorce in NJ, not NY. Divorce Solutions Leonard M. Weiner, Esq. 212-370-1660
Continue Reading...Oct 29, 2018
Question #226: MARRIED IN NJ LIVING I NJ FOR A YEAR. i HAVE BEEN WORKING IN mANHATHAN FOR 15 YEARS AND 14 YEARS LIVING IN QUEENS. CAN I FILE FOR DIVORCE IN NY?
If your spouse is still living in NY you can file in the county in which he lives. Otherwise, you will probably have to file in NJ. Work does not count. I strongly suggest you consider divorce mediation. I can help. Give me a call at 212-370-1660. Leonard Weiner, Esq./Divorce Solutions
Continue Reading...Oct 29, 2018
Question #225: MARRIED IN NJ LIVING I NJ FOR A YEAR. i HAVE BEEN WORKING IN mANHATHAN FOR 15 YEARS AND 14 YEARS LIVING IN QUEENS. CAN I FILE FOR DIVORCE IN NY?
If your spouse is still living in NY you can file in the county in which he lives. Otherwise, you will probably have to file in NJ. Work does not count. I strongly suggest you consider divorce mediation. I can help. Give me a call at 212-370-1660. Leonard Weiner, Esq./Divorce Solutions
Continue Reading...Oct 29, 2018
Question #224: We were married 1982, Nassau Co., NY; have lived in Germany over 25 years. Been living separated for over a year, but have no written separation agreement. Neither of us have filed for divorce. If we did, which law would we be divorced under? Since we do not reside in NY I would think German law for the divorce proceedings. Would the proceedings, filings, papers, etc. have to be sent to NY for filing or just the final divorce decree? Would NY law (equitable distribution) determine what happens to assets/liabilities, real property, etc? If we were to agree on the division of assets/liabilities and they were uneven, but agreeable to us both, would a lawyer/court accept and honor that?
You are undoubtedly subject to German, not NY jurisdiction since you have been living in Germany for over 25 years. German law would apply and no need to send anything to NY . If you wish to remarry in NY, you will have to provide proof of divorce from Germany. If there are no minor […]
Continue Reading...Oct 29, 2018
Question #223: I was married in New York, April 2003,we split up in August 2003.she lives in Atlanta and has been in GA since our union. I came back to New York and went on with my life and she hers, We have no children together and don’t want anything from one another. it been 10yrs apart are we still married is there a time limit. Leonard Weiner, Esq/Divorce Solutions
You are legally married until you file for divorce, there is a judgment of divorce signed by the court, and it is filed with the county clerk’s office. There is no expiration time for a marriage! If you are living in the NYC metro area, give me a call to arrange a meeting to discuss […]
Continue Reading...Oct 29, 2018
Question #222: After googling I came across this site and I could definitely use some assistance. My husband and I married a year ago after knowing each other a very short while. Soon after our marriage we realized it was a big mistake. We talked about divorcing in Dec 2011 a month after our wedding. A month later we found out we were pregnant. We attempted to make our marriage work without success and in April 2012 I moved out. We’ve been separated since and I’m the primary caregiver of our child. My husband and I have agreed to go forth with an uncontested divorce. Is there a time frame that must be waited to file for a divorce? Also how long is a typical uncontested divorce process take to finalize?
The first question to ask is whether are you are living in New York State and for how long . Each State has different requirements. Assuming you are living in NYS for over a year and were married here, you can file for divorce without waiting any longer. Depending on which county you are living […]
Continue Reading...