WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 20

Oct 29, 2018

Question #42: Hello. I was hoping you could help. My husband and I married in 1997. We both moved out of our marital home in May 2000. I moved into an apartment and he subsequently moved down the hall from me-despite my feelings/reservations. Unfortunately, we didn’t know that we had to file with New York State in order to obtain a separation (to proceed to divorce). We both have separate apartments, but during our separation, he quit his job and had no income. I basically paid his bills (his mom paid his rent), and I still cover him under my insurance. (Incidentally, we have not been intimate since 1999 due to his sexual preference. He wanted to renew a male relationship because he missed that part of his life-unknown to me).What is our recourse for divorce? Neither of us want to have to go through the one year separation period-we’ve already done this. We have both agreed that divorce is the best option, but unfortunately neither of us has a lot of money. There are no children and/or property. We both have our own 401(K) plans, our own insurance (he is still covered by mine until we legally separate). How long should it take to obtain a divorce? I would just like this nightmare over. I would sincerely appreciate your advice/help.

Although you are separated physically, legally you are still married until you enter into a formal separation agreement. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in greater length. If both of you are interested in entering into a stipulated agreement you will […]

Oct 29, 2018

Question #41: I’m a 23 year old mother of 2 children and I have been married for 5 years now, Going on 6 in November. My question is … What are the steps involved with filing a divorce or even a separation?

You must reach a settlement with your spouse regarding child custody, child support, spousal support, division of marital assets, etc., have these incorporated into a Separation Agreement and then draft the Divorce documents. I strongly recommend that you consult a divorce mediator-attorney; I do not recommend that you attempt to draft these documents yourself. They […]

Oct 29, 2018

Question #40: Does there still need to be a one-year separation, as required in my state (MD)?

If the parties are in agreement regarding the need to divorce, a one-year waiting period can be avoided.

Oct 29, 2018

Question #39: I am in dire need of a divorce; my husband is presently serving six months in jail for his fourth DWI conviction. I have two children ages six and four and would like full custody of my children in order to move out of New York State. Could you help me?

Under section 170 of the New York State Domestic Relations Law New York State requires grounds for divorce. One of the grounds is confinement of the defendant in prison but such must be for a period of three or more consecutive years after the marriage of plaintiff and defendant. There are other grounds as well […]

Oct 29, 2018

Question #38: Can one choose any state in which to file for divorce?

Each state has different residency and substantive requirements (e. g. where did the marriage take place, where was the family residence, where do the children reside, where are most of the marital assets located, etc.) in order for that particular state to determine whether it has jurisdiction of the divorce proceeding. A plaintiff has a […]

Oct 29, 2018

Question #37: What does it take for N.Y.S. to have jurisdiction over my divorce?

Under Section 230 of the New York Domestic Relations Law (D. R. L.) in order for the Court to maintain a divorce proceeding: 1) the parties had to have been married in the State and either party is a resident in the State when the action is commenced and has been a resident for a […]

Oct 29, 2018

Question #36: How do I begin a divorce and protect my assets?

In order to commence a divorce proceeding you must personally serve the other party with a summons and complaint outlining the cause of action; in this case divorce. every attempt must be made to locate your spouse in order to serve such papers. Otherwise, the court will require you to make every diligent effort to […]

Oct 29, 2018

Question #35: I would like to know the grounds for divorce in NY state. I am looking to get divorced but my wife states that irreconcilable differences is not grounds for divorce in NY. She and I have been separated for 6 weeks now. I want a divorce but not on the grounds of abandonment or adultery. Since I have not committed either one. she tells me these are the only two we can file divorce under

New York State requires specific grounds in order to grant a divorce. These grounds are expressly stated in section 170 of the Domestic Relations Law of New York State and include the following six: 1) cruel and inhuman treatment 2) abandonment 3) confinement in prison 4) adultery 5) living apart pursuant to a decree or […]

Oct 29, 2018

Question #34: I am currently going through divorce proceedings and am a Canadian citizen and my husband is American, could you possibly let me know what my rights are as far as my five children are concerned. I would greatly appreciate any information you could provide.

In order to properly answer your question I must know where you presently reside, how long you live there, where your spouse presently resides and how long your spouse lives there, where was the marriage entered into, where did you live as husband and wife, where are the children living, and where are the marital […]

Oct 29, 2018

Question #33: I am divorcing my wife for the second time. I had an affair with her best friend after my wife wouldn’t touch me for 8 months. In our first marriage, my wife would refuse to have sex with me for long periods of time. The longest I ever went was 14 months. I told her as we were preparing for our second marriage that I couldn’t live like that, and she promised never to hold out on me. Well 1 1/2 years into our marriage I had gone for 8 months when her best friend approached me. I know what I did was wrong, and I’ve never done it before or since. My question is, now that she knows, and we are getting a divorce, do I have any rights?

In order to properly answer your question I need to know in which state you are located, where were you married, how long are you living in the state, where does your spouse reside, are there any children, assets, etc. and where are they located? In general, most states today do not consider the grounds […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

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

Question #41: I’m a 23 year old mother of 2 children and I have been married for 5 years now, Going on 6 in November. My question is … What are the steps involved with filing a divorce or even a separation?

Question #40: Does there still need to be a one-year separation, as required in my state (MD)?

Question #39: I am in dire need of a divorce; my husband is presently serving six months in jail for his fourth DWI conviction. I have two children ages six and four and would like full custody of my children in order to move out of New York State. Could you help me?

Question #38: Can one choose any state in which to file for divorce?

Question #37: What does it take for N.Y.S. to have jurisdiction over my divorce?

Question #36: How do I begin a divorce and protect my assets?

Question #34: I am currently going through divorce proceedings and am a Canadian citizen and my husband is American, could you possibly let me know what my rights are as far as my five children are concerned. I would greatly appreciate any information you could provide.