WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 22

Oct 29, 2018

Question #22: I live in PA with my wife of 12 years and our 10 year old daughter. I came to US 7 years ago, brought them on my work visa 6 years ago. My employer offered to sponsor my permanent residency. My wife is a very difficult person and has been in therapy for the last 3 years. It’s becoming unbearable for me and I want out: the little she does for family is under pressure from me, and I have to juggle work (she finished her RN a year ago, but doesn’t have work permit) and practically all family issues,, from my daughter’s Halloween costume to finding my wife a gynecologist. Who would have jurisdiction over this divorce, given that we’re not permanent residents?

Since you have been living in Pennsylvania for seven years and your wife has been there for six years, Pennsylvania should have jurisdiction over your divorce proceedings. Most states do not require citizenship or permanent residency to have jurisdiction over divorce matters, as long as you satisfy the residency requirements of the state which is […]

Oct 29, 2018

Question #21: Up until March of this year, I lived in VA. I moved to NY in the middle of March, and was married at the end of March to a NY resident. We were married in Nevada. 1. Although I haven’t met the residency requirement, is it possible for a separation agreement to be drawn and executed in NY? And can the divorce papers then be filed one year after the date of separation? 2. Can the separation agreement and divorce be carried out in the state that we were married (Nevada)? Also, she has a 2 year old child from a previous relationship. What would be my responsibilities toward this child? Would support be required on my part? (She supports the child on her own, and does not receive support, nor has filed for support, from the child’s father, which does see the child a few times a month). Also, could I receive visitation/partial custody rights?

1. An action for divorce or separation may be maintained in New York when a) the cause occurred in the state and either party has been a resident for a continuous period of at least 1 year immediately preceding the commencement of the action; or, b) either party has been a resident of the state […]

Oct 29, 2018

Question #20: Currently am involved in an upcoming divorce proceeding where the wife may claim adultery. I have reviewed your other messages and see that some sort of proof is required. What is/could be considered proof? I live in the state of Georgia. She has also contacted the husband of the person that I supposedly had this affair with and I am trying to control the damage to many innocent people. I have scheduled a meeting with counsel but this is getting out-of-hand rapidly and any basic information would be appreciated. Thank You

I am not familiar with the evidentiary requirements under Georgian matrimonial law and whether grounds are necessary to receive a divorce in Georgia. In New York, grounds are necessary and the statute delineates 6 specific grounds for divorce. Adultery is one of the grounds. Generally, the courts listen to the testimony of the opposing sides […]

Oct 29, 2018

Question #19: I am an American citizen married in Australia to an Australian citizen. Now that I am back in Florida, can I file for divorce here or do I have to go through the Australian courts?

In order to answer your question properly I would have to know where the marital assets are located, if there are any children and where they are residing, how long you are living in the state of Florida, etc. Assuming that you have met the Florida state jurisdiction requirements, you should be able to file […]

Oct 29, 2018

Question #18: I live in Portland, OR, and I want to know where I can get annulment papers, including directions. I have only been married four months, but he has become violent. I was hit once, and filed a restraining order. Please tell me where I may get the forms/instructions that I need.

The best bet is to call your local bar association to see if they have a pro bono program for divorce and have such attorney assist you in seeking the best way to resolve your marital problem. Annulment may or not be available to you despite the short period of time which you have been […]

Oct 29, 2018

Question #17: If my spouse has filed for divorce in California and I want to file myself can I? Can I file in another state?

You can counter sue for divorce as well in California and the two suits will be heard together by the same judge.In order for a state to hear a divorce matter, it must have jurisdiction over the parties or marital property to be divided. There are specific requirements as to length of residency of 1 […]

Oct 29, 2018

Question #16: My wife and I were married in 1975 in Denver. We have lived in Phoenix, Spain, Israel, Texas, Louisiana and Utah. My wife left me in August 1996 and has since resided in upstate New York. I moved to Turkey in April 1997 where I work for an American Company. My wife has asked for a divorce because she has met a guy on the internet whom she loves. If she files for a divorce in New York, can I be served, as long as I remain in Turkey? Do I have to be served? Can she get a divorce as long as I remain overseas? Can you help us…we want to make it non-adversarial if possible.

Based on the information you provided, if your spouse has been living in New York for a year or more, she may file for divorce in New York. Part of process of filing the Summons and Complaint is to serve the defendant personally. You can be served personally in Turkey, or can agree to waive […]

Oct 29, 2018

Question #15: My husband and I were married in February 1994 in Tennessee. We went our separate ways in that same year but neither one of us started the divorce proceedings. It is now 4 years later and I have resided in New York for over 2 years and he in California. We have not spoken or seen each other since 1995. I don’t know where to get the ball rolling to start the divorce proceedings. I just want this to be over. Any information you could provide me would be very helpful and appreciated.

If you are living in New York over 1 year you may file the divorce papers in New York. I strongly suggest that you contact your spouse and have him agree to mediate this divorce. If you are in the New York City metropolitan area please contact me at 212-370-1660. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #14: A) The husband lives overseas. B) The wife is in NYC for two months. Then she will move overseas. C) They were originally married in New York State. D) They currently want a divorce. Query: Is it true that no divorce can be completed until either the husband or wife has lived in (residency) America for at least one year? Also, they can not even get a legal separation unless one of them is living in the States? And even legal name changes are expensive and troublesome, without one year’s residency? Is all this true? If so, how can one move on with their life, if their new life takes them overseas and being overseas means no divorce can be settled?

In order for New York to have jurisdiction over the divorce matter, a 1 year residency requirement is necessary. Therefore, you are correct in stating that New York cannot serve as the jurisdiction. If both parties are agreeable, and their are no assets or children involved in New York, or another state, you can both […]

Oct 29, 2018

Question #13: My brother has lived with his companion for the past three years. They have a 2 years old baby. He is planning to separate from this person, but he does not know how what are the procedures to following and where he can go to get advise about the law (child support and alimony). They are not married, yet he wants to take responsibility for his duties and what the law of NYC states. I appreciate any advice on this matter. Thank you!

The law with regard to his situation is somewhat different from a regular divorce of a married couple and I suggest that he get in touch with me at 212-370-1660 to discuss the matter in more detail. 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 #19: I am an American citizen married in Australia to an Australian citizen. Now that I am back in Florida, can I file for divorce here or do I have to go through the Australian courts?

Question #18: I live in Portland, OR, and I want to know where I can get annulment papers, including directions. I have only been married four months, but he has become violent. I was hit once, and filed a restraining order. Please tell me where I may get the forms/instructions that I need.

Question #17: If my spouse has filed for divorce in California and I want to file myself can I? Can I file in another state?