WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 7

Oct 29, 2018

Question #178: i was with my husband for 20 yrs, married for 13. he is an abusive alcoholic drug user. he failed a drug test and admitted to drinking. i endured much abuse in all those yrs. we have 3 children together. we are in the middle of a custody battle for the two younger ones. i left him 5 mos ago and went to a SAF house. now on my own with the two younger ones. i filed for a divorce in dec of 2009. i don’t know how it works as far as separation or divorce. i have met someone. but there have been no intimate relations. if i chose to have intimate relations how would it affect my divorce? if i chose to have him move in…how would it affect my divorce? what are the laws governing this? if i got a copy of the filing for divorce… would it protect me? we own much assets including a business. how long does a divorce take when there was multiple abuse going on? i do have an order of protection even though he has violated it. but i cannot prove it. can you please enlighten me with some answers.

I understand from the question that you provided that you are the plaintiff in the divorce lawsuit. You did not indicate the grounds upon which you filed for divorce, but I imagine it was cruel and inhuman treatment. Carrying on a relationship before your divorce would be considered an adulterous act and are grounds for […]

Oct 29, 2018

Question #177: My husband and I have been married for 14 years He went to China and has fallen in love with a woman there…I want him to be happy and we would like a quick divorce…he would like to have the woman from china come here to marry her …I am fine with this …We do have a child ..We want to all live together and be happy.. Is there any quick easy way to do this .. Thank you

If you are both in agreement and willing to cooperate we can Do this relatively quickly, depending on what county you are living in. If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #176: I was married in May 2005. My husband was deported to his home country of India in 2007 but is now legally residing in Dominican Republic. He just recently admitted he committed adultery and is now living with the person. Even though he asked for a divorce he will not sign the papers if I try to serve it to him. Can I obtain a divorce without his signature? Right now I reside in NYC.

He does not have to sign, but he must be served with a summons and complaint. If you can track down his whereabouts, you can get a process server to serve them where he is located. Once he is served, he must either answer or default. Please give me a call at 212-370-1660 to arrange […]

Oct 29, 2018

Question #175: Before marriage my husband had told me that he had been married previously but had been divorced. We married in Las Vegas in 2003. He recently confessed that he was still married when he left New York 8 years ago but has had no contact with his previous spouse after he left New York to come to California. He said he thought he was divorced because his previous spouse went looking for him at his parents’ house after he moved to California to find him so she could request a divorce since she wanted to remarry. He did receive paperwork for the divorce request but he never signed them or contested them. He does not want to look into it to see if he is indeed divorced because he does not want to “open a can of worms”. Due to unrelated issues, I am now seeking a divorce. However, I am wondering if our marriage was ever legal in the first place. I would much rather have our marriage voided instead of going through a sticky divorce. Is there any resource for me to find out if he is still married? Or does the fact that he has not been in contact with his previous spouse for over 10 years completely void his previous marriage? Thank you in advance for all your help.

In order for your husband to be considered divorced from his first wife he must have a legal divorce order from a court that has jurisdiction over that matter. If he has been living in California for over two years, California should be the state that has jurisdiction. If he never signed the divorce papers, […]

Oct 29, 2018

Question #174: My daughter got married to an person of Indian Origin who is a citizen of USA. He was residing in Bombay(India), and the marriage also took place in Bombay. He had verbally promised her that he would stay permanently in Bombay since he does not like USA. He even had an apartment in Bombay where the couple stayed for about three months. His parents are based in USA. However, three months after marriage he said that he wishes to settle down in USA with his parents. My daughter did not like the place in USA where they were staying. And since she was promised that she would always be residing in Bombay, she came back to India. Now this guy has applied for a divorce in USA and may get an ex-parte Divorce order too. Is this order valid in India ? (The marriage was solemnized in India). How will she know that the order has been passed and what if he marries someone in USA without informing my daughter about the ex parte order Kindly advise

If your son –in-law is living in New York for over two years, he may file for divorce in New York. In order for your son- in- law to get a divorce from your daughter he will have to serve her with a summons and complaint. There are no ex-parte divorces in New York. He […]

Oct 29, 2018

Question #172: Hello, I came across your site and I have a question for you, My daughter has been married for the past three and a half months. during that time I would say that most of the marriage has been spent apart and separate. He has been mentally and emotionally cruel to her. In the state of NY what is the time period she can file for a divorce and what are the grounds. They have both been residents in the state for over 10 years.

There is no length of time she must wait in order to file for divorce. The grounds could be “cruel and inhuman treatment”, but she will have to show Fear of physical harm, not just mental and emotional cruelty. Because they both lived in NY for over a year, NY would have jurisdiction. If they […]

Oct 29, 2018

Question #171: My boyfriend has lived apart from his wife for over 6 years. They have a child together. He does not see his child nor even know where his spouse lives. When they were together, they were married and lived in NYS. He still resides in NY and believes she does as well. How can he get a divorce from her? And what about visitation for the child?

Because he lives in New York State for a number of years, New York will have jurisdiction over this matter. In order to get the divorce, however, he will have to serve his spouse with a summons and complaint and therefore will have to make a serious attempt to try to locate her either through […]

Oct 29, 2018

Question #170: Hi, I and my husband are both residents of NY. We’ve been married for 3 months and have a 9-month-old child. I am not sure if I can qualify for the grounds to be divorced – I have been verbally and physically abused but never filed a complaint and have no police report. There are only couple of pictures of bruises on my face taken by me in the beginning of the year. I know that my husband will not agree to divorce. We currently stay together but do not communicate. Is there a way to make him leave the apartment (it’s under my name)? And do I have a chance to get divorced? If we stay together for a year but don’t have intimacy will it be considered as grounds? How can I prove that we aren’t close? Will the child stay with me?

If you have been verbally and physically abused during these three months of marriage and can convincingly testify to the court as such, you will have grounds for cruel and inhuman treatment in New York. The pictures, if authentic, and were taken at the time of the incident, will also be helpful. If there are […]

Oct 29, 2018

Question #169: I came across your company website while searching for answers concerning divorce on the internet. I am seeking some advice and help with my situation and thought it best to write to you before discussing further on the telephone. I’ll try and keep this simple and to the point. 1. I am a british born and bred citizen. My perm address is in the UK but currently I am working in Switzerland. 2. My wife has been living and working in NYC for about 10 years on a green card however obtained her American citizenship earlier this year (she moved to the USA from India where she was born) 3. We obtained a civil court marriage in NYC Queens over 2 years ago. We then obtained a traditional marriage in India almost 2 years ago. 4. We have never really lived together but i have made occasional trips to NY and she made occasional trips to the UK. We both continued to work in our own countries respectively. 5. We didn’t click from just before the marriage and had many ups and downs which finally resulted in the decision to obtain a divorce. We have been separated (not legally) for almost a year (we have not met each other since the end of February 2009) 6. We do not have children, we do not want any money or possessions from each other, we both agree on a uncontested divorce.

I am not familiar with the residency requirements in England to tell you whether England would also have jurisdiction in your case. In NY, one would have to be living in NY for at least one year for NY to have jurisdiction. Because your spouse is living in NY for 2 or more years, NY […]

Oct 29, 2018

Question #168: My husband and I separated in July 2009, I moved to NYC he still resides Upstate NY. I filed for an Uncontested Divorce (on my own due to financial hardship), and attempt to serve him with the Summons with Notice and Verified Complaint. He knows that the Process Server tries to serve him but he is hiding because he wants to file for divorce against me “first”. Is it possible for him to file for a divorce in the same state (NY) but in a different County than the one I reside in, if I already filed for divorce with the court?

It is possible for him to file in a different county but generally the county where the plaintiff or the defendant resides is the one that has jurisdiction. In the event of a conflict between two proper jurisdictions, the one which filed first generally will succeed. However, you must serve him before the time period […]

LEONARD M.WEINER, ESQ, Ph.D.

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