WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 5

Oct 29, 2018

Question #198: My friends were born and married in Ireland. They have been separated for 20 years now and one of them has lived in New York and become a “Green Card” resident. How does the N.Y. resident get a divorce from the spouse left in Ireland? Do they both have to agree, or since it has been so long, is it a paperwork only situation? My friend in N.Y. wants the divorce, but the friend in Ireland has not been willing to sign papers. Complicated I know, but I believe there is an answer somewhere. Thank you.

Your friend can sue in New York and appears to have sufficient grounds under the recently enacted new No-Fault provision of the law, but will have to serve the spouse who’s living in Ireland with a summons and complaint. Of course, it would be much better if your friend’s spouse would cooperate and it would […]

Oct 29, 2018

Question #197: My husband and I have been married for 15 yrs. married in NYS ,, moved to FL for 7 yrs. we split in July of 2010 and he moved back to NY. come July 2011 he will be a NY resident for 1 yr.,, I stayed in FL for 3 mos. and have been visiting in UK since Sept. 2010, will be returning to NY this month. I see requirements for filing for divorce is one partner must be a resident of NY for 1 yr. before filing. this will be uncontested with no assets and no children. he claims to be filing come the one year residency. can u tell me how long a divorce will take to finalize from that point? I can’t seem to find any answers to my question and spouse will not talk to me. Thank you for your time

The time it takes once the uncontested papers are filed depends on which county he is a resident of And what that county’s backlog is. In Manhattan, for instance, the wait is about 3-4 months just to have the judgment signed Once all the papers are filed and approved. Divorce is a matter too important […]

Oct 29, 2018

Question #196: I’m an American and Italian Citizen….was born in Philadelphia Penn. and raised in Long Beach New York…I met my husband in Long Beach NY in 1990 and we got married in city hall in Long Beach New York on the 21st of September 1992…he abandoned me and my then two year old son on December of 1995, to go back to his country in Peru. I decided to come to Italy where my parents lived and live here with my child….I’ve been living here in Italy since my husband left me and my son in December of 95, so my son now is 18 years old and my husband is living in Milan Italy with his girlfriend….I really wish to get a divorce here but they say it’s going to take 3 long years….can I go to the States and go to City hall in Long Beach to file for a divorce so I could have my divorce in a short time…? please help me and advise me what to do…..if I need to go to Long Beach New York to file for a divorce and I know it will be sooner than here in Italy…I will do so….waiting for your reply….as soon as possible.

In order for NYS to have jurisdiction you or your spouse must be a present resident of NYS for a minimum of 1 year. If you can establish residency in NYS, you can file here. Otherwise, you must file in Italy or Peru. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #195: My husband of 3 years and I separated because of his infidelity. I have phone records, emails, etc as proof. We married and resided in NYC. If I sue him for divorce on the grounds that he committed adultery, what does that entitle me? We have no children and did not own a home or anything else together. Is there anything to gain by making this the reason we’re divorcing, or is it the same if I just go the friendly route and claim irreconcilable differences? Please advise…

The grounds upon which the divorce will be granted will generally not affect the Court’s decision regarding the distribution of assets or the determination of spousal Support unless the grounds are so egregious as to “shock the conscious” of the Court. Please be aware that NY State still does not recognize “irreconcilable differences” as grounds […]

Oct 29, 2018

Question #194: We have been separated since 1992. We had drawn up papers for separation with allocation of property, child support, alimony etc but I don’t think they were ever filed with the court. I have faithfully lived up to what was on those papers in regards to property, alimony and child support. Our daughter has finished college now and we would like to file for divorce. The only thing left is her college tuition loan to work out. Can that be a sticking point in regards to finalizing a divorce? Also what do we have to file? I live in Texas now but she still lives in Suffolk County New York.

You do not indicate whether these papers were drawn up by an attorney And whether each side was represented by counsel. It is important that the Separation Agreement be prepared by an attorney who has experience in matrimonial matters and the document is prepared properly. Although you may have an agreement, the agreement may not […]

Oct 29, 2018

Question #193: Currently, I’m living in NY for the past 18 months and we were married for almost 16 years and we have 14 year old son. In 2006, during my stay at MI, I filed divorce case against my wife in India on the basis of Cruelty and abandonment. Finally my wife came here by taking 2 years leave from her job along with my son. She came here in the month of Apr 2007 and left to India in the month of May 2009 along with my son. She told that she will extend her leave from her job and come to USA soon. During this 2007 April – 2009 May period my son also studied 6th & 7th grade in Detroit. Again she came here along with my son for 2 months i.e period between April, 2010 – June 2010 and left to India saying that she will come and join soon here in NY. But as soon as she left to India she was saying that she is not interested to come to USA and join with me. Also she asked me to file a mutual consent divorce in India. Then I engaged a lawyer in India for mutual consent divorce but now she is not responding. If she is not willing for mutual consent in India I need to wait for 2 years from June, 2010. My questions: 1. can we file a divorce from NY on the basis of abandonment ? 2. she lived in NY with me for 2 months along with my son. and 2 years in Detroit between April, 2007 – May,2009. Still can we apply divorce from NY.?? 3. She and my son had valid dependent VISA until Jan, 2011. ? when we can file divorce by latest ?? 4. If at all, if we can file a divorce from NY what would be the total cost including attorney fee ? 5. what would be the best time to reach you and how ?? Some more information : 1. we were married in March, 1994 in India and we are Indian citizens and have 14 years son living with mother in India currently. 2. I’m ( 47 Years ) on H1-B Visa and have been living in NY, Long Island since Aug’2009 until today and prior to that I lived in MI from Feb 2005 to Aug 2009. 3. My wife ( 42 Years ) and son ( 14 Years ) has H4 Dependent Visa valid until Jan 2011, later can be extended for few more years. 4. My wife and son recently visited NY from April, 2010 – June 2010 ( 2 Months ) and left to India. 5. My wife and son lived with me in MI from April 2007 – May 2009 ( 2 Years ) 6.My wife has valid NY Driving License, SSN, bank account and my son has TIN # and NY city identification card. 7. My wife is Doctorate Degree (PhD) Holder working as a scientist in a University until today. 8. We do not have any real estate or property ( joint/ individual ) either in USA or India. 9. She did not work here in USA and I’m the only person who supported the family here. 10. I do not need any visitation rights over my son and he is closely attached to her. 11. I just need a divorce without any encumbrance !! I would appreciate your quick advise, so That i can contact you for further proceedings !!

You will be able to file for divorce in NY, but getting your wife’s cooperation will greatly speed up the process And keep the cost down.. Please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length. Leonard M. Weiner. Esq./Divorce Solutions

Oct 29, 2018

Question #192: My boyfriend and I have been together since 2000. I found out he is married. He moved in with me. His wife knew about me and called my home. He went back to her. They took a vacation together. He came back to me. They sold their marital home and split the money 50/ 50. He moved into an apartment. I moved in with him. They have not seen or spoken to each other in over ten years. She bought a new home. He bought a new home. What would the grounds for divorce be? I am under the impression that it could not be for adultery since she slept with him after she knew about me. How can divorce proceedings be started without him having to speak with her?

If He is a resident of New York State, New York now has a no-fault divorce provision in which an individual who is married, and the parties have been living separate and apart for over six months without any intention to reconcile, may file for divorce without any additional grounds. If he is a resident […]

Oct 29, 2018

Question #191: I was married Indiana and left my husband 3 years ago. I moved to New York and want to do the divorce myself. Can I do the divorce in New York?

If you are presently living in NY for over two years, you can file in NY. I Strongly urge you to consider divorce mediation. If you are living in the NYC metro area, Please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. Leonard Weiner, Esq/ Divorce Solutions

Oct 29, 2018

Question #190: I am an Afghan national. I live in Kabul, Afghanistan. In March 2007 I was in New York City for an official trip on G4 visa – I used to work for the World Bank. On March 3rd, 2007, I got married to my cousin who is a US citizen and lives in NYC. We got married in the Office of The City Clerk, NYC. A month after our marriage, I returned back to Kabul and didn’t see her until May 2009, but we had phone contacts. In May 2009 we met in Dubai and stayed together for a week. Then she went back to US and I came to Kabul, but again we had some rare phone contacts. I guess, during our stay in Dubai, she got pregnant and she has a baby girl now. We both want (agree) to get divorce now, but the problem is that I am no more working for the World Bank and I don’t have a US visa to go back to US to settle things down. We don’t have any financial dispute and I am happy with her keeping the baby. My questions are: 1. How can we get a divorce? 2. Do I have to appear in person in NYC to take care of the paperwork or my wife can do it alone? 3. How long will it take to get divorce and how much it will cost us? Can I hire a lawyer from here? Thanks ever so much for your very kind support.

You will not have to appear in person in NYC if you decide to Mediate your divorce with me. You will have to sign a few papers which I can email to you. It will take approximately 3-6 months, depending on which County Your wife lives in NY. I am a lawyer and will handle […]

Oct 29, 2018

Question #189: I was told that you answer questions about divorce. I would very much like your help. I was married in N.Y. State in May of 1998. We all still live there. The marriage produced 2 children. I have walked out on him due to an online extra-marital with a woman. We have gone to family court and we both have joint legal custody of the children. I have asked for a divorce but he has refused. I do not wish to change the custody arrangements. However, my question is: how may I secure a divorce as soon as possible? I was told by a friend it was possible to go to Reno, Nevada and receive one immediately without his signature. Is that doable? If not, how else can I obtain one asap? Thank you.

No need to go to Nevada anymore! Under the new law in NYS that went into effect in October, 2010, if you have been separated for more than six months and there is no prospect of the marriage reconciling, you can file for divorce w/o having to assert fault on the part of either party. […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #191: I was married Indiana and left my husband 3 years ago. I moved to New York and want to do the divorce myself. Can I do the divorce in New York?