WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 21

Oct 29, 2018

Question #32: My husband and I have only been married months, but both agree it was a mistake. We have no children, property, assets, etc. in common. What’s the best way to approach an uncontested divorce in NYC? We reside in Queens.

You will still have to enter into a Separation Agreement and file divorce papers. Because of the short duration of the marriage and the absence of children and assets, the Agreement should be relatively short and the disputes between the parties minimal. An Attorney is still necessary to draw up the papers and make sure […]

Oct 29, 2018

Question #31: My fiancée and I are trying to get his divorce taken care of. There are a few difficulties. We are in Alaska and she is in Colorado. We need to find someone who can help us, but who will not charge an outrageous amount of money. We would like someone who will take a lump sum down and then take monthly payments. He is in the Military if that makes any difference. We really need this done quickly. Please help

Before you discuss the costs, you must first determine which state will have jurisdiction over the divorce proceedings. Each state has its own particular jurisdictional criteria, but it is important to determine, where and how long your “fiancée” was married? Are there any children from that marriage? Where did he reside with his wife during […]

Oct 29, 2018

Question #30: What is the legal procedure re: divorce in New York? Does the State require that couples go for counseling first or during the “legal” separation?

New York State does not presently have a mandatory counseling or mediation requirement for couples who are contemplating divorce. A couple that wishes to get divorced in New York, must satisfy one of the fault requirements, such as proof of adultery, abandonment, cruel and inhuman treatment, etc. The process is commenced by the filing of […]

Oct 29, 2018

Question #29: My wife committed adultery in MD. I have heard that this is a basis for getting an immediate divorce–within 30 days. Also that the property settlement (settlement agreement?) is a separate issue. My question is, can I get a divorce before a property settlement agreement is reached?

Adultery, if proven, is one of basic grounds to for divorce in almost every state, but it must be proven and not simply alleged. I am not that familiar with MD law, but it seems quite unlikely that any state would provide a divorce in 30 days. Although you are right that the grounds for […]

Oct 29, 2018

Question #28: Can a military service member file for an annulment outside of his state of residency and state of marriage for his spouse and himself when they are both consenting to file? What is the process outside of military channels? And are there online services available for this situation?

Divorce law is generally controlled by state statute and therefore each state has its own divorce laws; just as the marriage had to take place under the jurisdiction of a particular state, so also the divorce must take place under the jurisdiction of a particular state. Each state has its own residency requirements before it […]

Oct 29, 2018

Question #27: After knowing each other 3 weeks my boyfriend and me got married at city hall in NYC on a holiday last September. We are both German and live in Germany. so it turned out to be a mistake. I heard that if we get divorced in NYC only one person has to show up and it is rather uncomplicated. is this true? how would a divorce work the easiest way for us? In Germany it is a big deal. thank you very much!

Unfortunately, it is also a “big deal” in New York City as well. In order for the New York Court to hear your divorce case it must have jurisdiction and New York generally requires a residency requirement of one year before it will entertain jurisdiction. Once you overcome the hurdle of jurisdiction, you may file […]

Oct 29, 2018

Question #26: My husband and I are New York City residents. We have decided to separate then divorce as soon as we have met the legal one year requirement. Between us, we have already reached agreement on custody of our 9 year old son, child support, and the distribution of our belongings (contents of our home). We have no major assets to divide. We would like to pursue a mediated divorce, but are concerned about the cost. This is the only thing holding us back at this point. At present, we would be unable to afford even standard adversarial legal services.

There are many legal requirements that are necessary in order to get a divorce in the state of New York. It is very important for you to consult with an attorney-mediator, who is experienced and trained in divorce mediation and who is familiar with the specific legal requirements in New York. There are numerous issues […]

Oct 29, 2018

Question #25: Thank you for providing this wonderful service. I’ve been searching for somewhere/someone to address my concerns, which I’ll begin to outline as follows: Briefly about myself, I live in Boston, Massachusetts and I’ve been dating a really nice gentleman since November 1994 we were setup by mutual family friends). He returned home from the US Army that January after serving for eight years. He started school at the University of U Mass-Boston and is scheduled to graduate this May 1998. Sadly, I learned upon our second or third date, back in November 1994, that he was also married. To make a long story short, I’ll summarize his relationship with his wife, to date, as follows: – He met his wife in her home town of Tuscan, Arizona around September 1990; he lived on base and they dated casually – She became pregnant upon insisting that he ‘come’ inside of her on her birthday – May 1991 – Although he was not happy about this unplanned pregnancy, he decided he would commit to a relationship with her, after the baby was born (in February 1992) – They got married in September 1992, and he got shipped off to Korea where was stationed for a one year, from December 1992 to December 1993 – Before he left for Korea, he set up a joint bank account; primarily for her to have fund for expenses (she’s didn’t work and took care of herself before they met, and still today, with state assistance she receives for adopting one of her sisters child (who is about 12 years old now). – About six months after he left for Korea she called to ask for extra money to move to a new apartment, which he sent to her – BUT SHE NEVER WROTE OR CALLED TO LET HIM KNOW WHERE HER NEW RESIDENCE WAS, and he tried his best to find out and then gave up – He lost his hair (he’s now bald at the top) over the next next months. Upon returning to Arizona from Korea, he found out that she had been seeing someone (he has letters to prove this) and she strongly stated that she didn’t want to be with him anymore. By the way, he found her through a relative he had to look up and find. – So, in January 1994 he returned to Boston to avoid committing any criminal acts by staying with her, if you know what I mean; started school that September, and we met in November. He told me he didn’t want to go through the divorce process while in school because he didn’t want anything to get in the way of finishing school. He thought that he would be forced to work full-time in order to support his daughter. – So, unsure of what the court findings would be we agreed to wait until now (his final semester). We sent his wife the money she asked for to initiate the process ($150) in January 1998 and she kept making excuses about not having the time to do it because she started to work just before the holidays (for the first time in her life!). But it’s not almost the middle of March and she still hasn’t’ done it. You might ask, what’s the rush? Well, we’ve been dating now for almost four years and want to commit to a lifelong relationship together by getting married in September (our preferred months). By judging by his wife’s behavior this might not happen. My questions are as follows: Is there any way he could file here (and get it settled as soon as possible) from Massachusetts, but utilizing Arizona’s state divorce laws? Simply because MA laws are so extreme in so far as child support, etc. I really don’t trust her to do it and they only other way is for him to expense himself by traveling to Arizona to do it himself, if that’s possible. She said that she would agree to joint custody (with the kid(s) visiting in the summer) and to no alimony. Would that make it even easier to apply here in MA. Also, would the judge take into consideration that they virtually NEVER lived together as husband and wife? Would they consider her present income as well? She’s never let him claim his daughter on income taxes (even though he sends her $150/mo. faithfully.) By-the-way, he’s worked part-time throughout his school years and is now working full-time and attending school at night during his final semester. What do you think about all of this? Is there any hope for a September wedding for us? Thank you in advance for your kind advice.

Divorce law is determined by the state which has jurisdiction over the divorce proceedings. It appears from what you have mentioned that either Massachusetts or Arizona could possibly have jurisdiction in this case but one could not mix and match states and law. If he finds it difficult to make an appearance in Arizona, he […]

Oct 29, 2018

Question #24: What is a determining factor for filing for a divorce or obtaining a dissolution? I don’t really want to thru lawyers and courts. My husband committed adultery and fathered a child. He stays out late at night and isn’t supportive emotionally. All I want is to be out of the marriage and for him to support our daughter.

The criteria needed for a dissolution was discussed in previous Answers and I suggest you take a look. Adultery is commonly one of the grounds for divorce in most states, and should be enough if you can support this accusation with evidence. Once grounds have been determined by the court, it will entertain the issue […]

Oct 29, 2018

Question #23: Are Mexican Divorces legal in the U.S. ?

Foreign divorces are recognized as valid in most states if due process was available for each of the parties, but the state courts reserve the right to determine all matters regarding division of property, child custody, child support, spousal maintenance, etc. Leonard M. Weiner, Esq./ Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #32: My husband and I have only been married months, but both agree it was a mistake. We have no children, property, assets, etc. in common. What’s the best way to approach an uncontested divorce in NYC? We reside in Queens.

Question #30: What is the legal procedure re: divorce in New York? Does the State require that couples go for counseling first or during the “legal” separation?

Question #29: My wife committed adultery in MD. I have heard that this is a basis for getting an immediate divorce–within 30 days. Also that the property settlement (settlement agreement?) is a separate issue. My question is, can I get a divorce before a property settlement agreement is reached?

Question #28: Can a military service member file for an annulment outside of his state of residency and state of marriage for his spouse and himself when they are both consenting to file? What is the process outside of military channels? And are there online services available for this situation?

Question #23: Are Mexican Divorces legal in the U.S. ?