WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 23

Oct 29, 2018

Question #12: I was married in the state of NY 10 years ago, after 3 years of marriage and 1 child, my husband a I amicably filed for a legal separation. my question: is it true. that after 7 year following the legal separation you are automatically considered divorced ?

There are no automatic divorces in the State of New York. If you filed a legal separation In New York and it was drafted properly, you can use the separation as the grounds upon which You base your complaint and do not have to prove other grounds. However, you must file For Divorce, including all […]

Oct 29, 2018

Question #11: Is there any state that offers a quick divorce with a little residence requirement. The problem is that some how our final divorce papers weren’t filed, and we both are seeing someone else. We would like to get a divorce out of state as not to affect our current interests. Any suggestions.

If both of you are in agreement and wish to divorce immediately and are not concerned that the other party will someday contest the divorce, you can try getting a divorce in Tijuana, Mexico or try Las Vegas, Nevada. If there will be a contest regarding marital property, however, most states will require that the […]

Oct 29, 2018

Question #10: What if 2 people were married in the Caribbean (both born there), but live in New York, reside there now, and before the marriage took place- What laws do they have to follow for divorce?

If you are living in New York State for over 1 year, New York will have jurisdiction over your divorce proceeding. If you are in the New York City metropolitan area, please call me at 212-370-16602 discuss the matter in more detail. Leonard M. Weiner, Esq./Divorce Solution

Oct 29, 2018

Question #9: Which counties do you practice in? What are your costs? Our marriage has been strained for a year or two now. I just found out, in a recent trip to Virginia where we have a joint bank account and safety deposit box, that in December of 1996, my wife opened the safety deposit box, took all the contents in the box, and then closed the box account. All without my knowledge, consent, or notice. In the box, there were lots of gold jewelry, gold coins, cash, redeemable bonds, deeds to lands and the deed to our townhouse, several gold rings and necklaces. All of these items were either given to me, or bought by me as she has never held a job. What should I do at this point? Could a lawsuit be filed in the above? Please advise. Thank you.

You did not mention which State you were presently living in or the State in which your spouse is living in. Generally, the State which will have jurisdiction over your divorce will be determined by your length of stay in such State, each State having its own particular requirements. I am located in the New […]

Oct 29, 2018

Question #8: If a couple wishes to have a post-nuptial agreement in New York State “acknowledged”, which agency does the acknowledging?

” Acknowledgment” simply means that the document must be signed by a notary and in the form acceptable for filing in the Registry of Deeds. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #7: One party wants to divorce and the other does not,is there a way to get a divorce other than by default?

under Section 170 of the New York Domestic Relations Law there are six grounds for divorce which if proved are sufficient to grant they judgment of divorce to either spouse. These grounds include 1) cruel and inhuman treatment; 2) abandonment; 3) confinement in prison; 4) adultery; 5) living apart for a period of one year […]

Oct 29, 2018

Question #6: We married in Washington DC 15 years ago and now live in France. We have three kids. We have been living separately for about a year. Neither of us feel a rush to get a divorce but it seems inevitable and it would probably help now to clear up the legal issues surrounding this and also the associated unresolved (or “unformalized’) financial and parenting issues. Where should we start? Neither of us are keen to start this in France. So where should we get divorced…what are the implications, and can we get a lawyer to help prepare the way by drawing some kind of separation agreement?

Most states have residency requirements before it will accept jurisdiction over a divorce matter. A couple cannot simply select the most convenient forum to initiate a divorce proceeding. New York State, for instance, has a one year residency requirement before it will accept jurisdiction over a divorce matter. You should definitely consult with an attorney […]

Oct 29, 2018

Question #5: My friend has been married for less than two years and has a three year old daughter. He moved out of his house over six months ago, but has not been able to afford a divorce yet. He and his wife have been planning to legally separate, and then convert to a divorce after the allotted amount of time, but he’s getting anxious about it and would like to get it over with already. We are curious as to the formal definition of “adultery” and what implications it admitting to adultery might have for his future alimony. Also, since his wife works (although she makes less than he does), will he have to pay alimony at all? We live in NY state.

Adultery is one of 6 grounds for divorce under the New York State Domestic Relations Law Section 170 and is defined as “the commission of an act of sexual or deviate sexual intercourse, voluntarily performed by the defendant, with a person other than plaintiff after the marriage of plaintiff and defendant.” Any forgiveness by plaintiff, […]

Oct 29, 2018

Question #4: My husband and I live in California. He filed for divorce about eight months ago and now we have reconciled and he is moving back into our home. The divorce wasn’t finalized, no financial documents were ever filed. Do we need to do anything to stop the proceedings? If so, what.Thank you

Your husband should make a motion with the court in which he filed the original suit requesting that the complaint for divorce be withdrawn with prejudice. By doing so the case will be taken off the court’s calendar and withdrawn entirely. Otherwise, you will still have the case pending in court and will not have […]

Oct 29, 2018

Question #2: My brother and his wife have been married for 10 yrs and reside in NY. Thru marriage he became US citizen. But now she is acting up. She has found somebody else. My brother put her thru school. But she doesn’t work in that profession. She spend a lot of money. One time he took up 2 jobs to meet the ends. They don’t have any sexual relations for years. She is verbally & physically abusive. She stays in the house like a motel. She comes and goes however she wants. They do own a house together. Now my brother have told her that he doesn’t want to live with her. But she doesn’t want to move out. How can he file for divorce? If she refuses to sign for divorce how can he get a divorce? Is there an option for it? How do they settle on the house. Though they have signed together she hasn’t paid a single penny in that house. Wd she be liable to pay the mortgage. If he needs to sell the house how can he settle on it. How can he prove her adultery? Can we hire private investigator for that. Wd that be legal in the sight of law. How does this divorce work in the state of NY?

If you are located in the New York City metropolitan area please call me at 212-370-1660 to discuss your matter at greater length. 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 #12: I was married in the state of NY 10 years ago, after 3 years of marriage and 1 child, my husband a I amicably filed for a legal separation. my question: is it true. that after 7 year following the legal separation you are automatically considered divorced ?

Question #10: What if 2 people were married in the Caribbean (both born there), but live in New York, reside there now, and before the marriage took place- What laws do they have to follow for divorce?

Question #8: If a couple wishes to have a post-nuptial agreement in New York State “acknowledged”, which agency does the acknowledging?

Question #7: One party wants to divorce and the other does not,is there a way to get a divorce other than by default?