WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 6

Oct 29, 2018

Question #188: My boyfriend who has been separated from his wife for more than a year finally got his papers for a divorce last week. In the papers his bitter wife wrote inhuman and cruel treatment. (we all live in the state of New York Rochester to be exact) he’s had enough with her and just wants to officially not be connected to her. Although he doesn’t agree with the reason he said he will sign it and mail it back to the divorce lawyer to get it over with. We don’t have money for a lawyer they have no kids no house no assets basically and the debt they had they split it in half and really have no ties. We have no knowledge of all this divorce terminology and called the same divorce lawyer who said he will not have to go to court and it will be an easy divorce. (I am unsure if he was looking at the interest of the divorcee or divorcer) anyway we want to get married eventually and was wondering if he needs to think twice about what he is about to sign especially if he doesn’t agree with it (will he go to jail for admitting inhuman and cruel treatment even though that is not the case?) is it really a clean divorce since they don’t have any ties? would it jeopardize him when he remarries in this same state? and is there even such thing as having a divorce and not even going to a court? how long does this usually take from when he does sign? Sorry for all the questions we called a legal aide who said to go ahead and sign it there should not be a problem but I can’t help but to think there is another meaning to her (wife) ways and if she tried to trick him since she was holding out for so long and is upset he is moving on ? please help.

Under the new Statute which went into effect in October, 2010, attributing fault to one of the parties is no longer necessary. Living separate and apart for more than 6 months and no chance of reconciling is enough. Tell the attorney to change the grounds to this “No Fault “ grounds. There is no longer […]

Oct 29, 2018

Question #187: Hello To all I was married in 1984. My husband and I were separated in 1988. We lost contact after that. We have 2 grown kids ages 25 and 22. We never heard from him again. It’s been almost 23 years and my son found him living in PA. We both want a divorces . My question to you is how do I start the procedure and how long will it take?

If your spouse is cooperative, this can go relatively smoothly and quickly. In New York county today it is taking 3 months or so to get a judgment of Divorce After all the papers have been properly filed. Please call me at 212-370-1660 to discuss the matter in greater detail. Leonard Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #186: We live in Western NY. My spouse is very controlling and mentally abusive. I want a divorce. We have come to a settlement agreement. Once the papers are filed how long will it be until one of us must move out of the house?

You should include this matter in the Settlement Agreement. You can decide exactly who moves and when, however, it is customary that Once the Judgment of Divorce has been signed by the judge and filed with the County Clerk, that you no longer live together . Consult your lawyer who prepared the Settlement Agreement. Leonard […]

Oct 29, 2018

Question #185: On June 25 a judge issued me a divorce. My lawer was their in place of me (am in military, reside in different state) I have yet to recieve paperwork. When should I expect it? What do I have to do to speed up this process?

Contact your attorney and have him send you a copy of the signed Judgment of Divorce. Make sure he has it filed in the county clerk’s office and ask him to send you a copy with the County clerk’s filing stamp on it and the date it was filed. Leonard Weiner, Esq/Divorce Solutions

Oct 29, 2018

Question #184: What can I do if I live in Florida and I want a divorce but was married in New York over 20 years ago and haven’t been together in over 20 years and don’t know where he is.

Since you no longer live in New York, unless your spouse still lives in NY, you would not file in NY even though you were married in NY. You can file for divorce in FL but you must try to locate your spouse in order to serve him with a Summons and Complaint. You will […]

Oct 29, 2018

Question #183: I have been separated from my wife now for a little over a year and I need a divorce decree or a legal separation asap in oder to have my mortgage modified and we live in New York state. We already have given and taken everything we want and there is no equity in our home and my son lives with me and I do not want or need child support. What is the quickest and cheapest way to get either or done thanks.

If your spouse is cooperative, we can do this relatively quickly, depending on which county either she or you reside. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length. Leonard M. Weiner, Esq / Divorce Solutions

Oct 29, 2018

Question #182: My wife and I were married in New York in 1986, and we currently live in White Plains. Our children are adults now. Our relationship has deteriorated and I want a divorce. We both have substantial assets that we have acquired during the course of our marriage, as such I anticipate a contested divorce. I have heard that from start to finish a contested divorce takes 3 or 4 years on average in New York state. I do not want to deal with my wife for another 3 or 4 years. On average, how long does it take from start to finish for a contested divorce case in New York state, where both spouses have acquired substantial assets during the marriage?

No one can accurately estimate the time it will take. It depends on you and your spouse and your ability to resolve the issues that must be dealt with before the court will grant the divorce. 1. There is no reason to think that just because you are not in agreement that you cannot mediate […]

Oct 29, 2018

Question #181: My wife and I got married in Niagara Falls, NY in April 2009. We never lived in NY state. She’s a Canadian citizen and currently resides in Ontario, Canada. We lived together in Florida for 7 months, sharing an apartment. On Jan 11th 2010, she left for Canada and has no plans of returning. There is no chance of reconciliation. I want to file for divorce. Where do I file? Florida? I’m a resident of Florida. How difficult will it be since she’s back in Canada?

You should file in FL. You will have to have her personally served in Canada, but may maintain the action in FL if she did not file first in Canada. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #180: Do you need to get divorced in the same state you got married?

No. You should file in the State you have been living in for the last year or so, Depending on the particular state’s residency requirements. Leonard Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #179: I was married in New York in 1999. We now live in Florida and are planning to divorce. How do I file?, in Florida or do I have to do it in New York? Thanks.

If you are both living in FL , you should file in FL , not NY. 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 #186: We live in Western NY. My spouse is very controlling and mentally abusive. I want a divorce. We have come to a settlement agreement. Once the papers are filed how long will it be until one of us must move out of the house?

Question #185: On June 25 a judge issued me a divorce. My lawer was their in place of me (am in military, reside in different state) I have yet to recieve paperwork. When should I expect it? What do I have to do to speed up this process?

Question #184: What can I do if I live in Florida and I want a divorce but was married in New York over 20 years ago and haven’t been together in over 20 years and don’t know where he is.

Question #180: Do you need to get divorced in the same state you got married?

Question #179: I was married in New York in 1999. We now live in Florida and are planning to divorce. How do I file?, in Florida or do I have to do it in New York? Thanks.