WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 8

Oct 29, 2018

Question #167: My wife has moved overseas in Turkey, its been a year since weve been seperated, she wont come back to states, how do i file for a divorce, or can it just be dissolved? Plz Help

The marriage cannot simply be dissolved. You must file for divorce and must serve your wife with a summons and complaint for divorce. This can be done by service overseas in Turkey, if necessary. If she is cooperative, and agrees to get divorced, we can have her waive service and file an uncontested divorce. If […]

Oct 29, 2018

Question #166: I was married in the state of n.y. 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 any state that I am aware of. If you wish to get divorced you must file all of the divorce papers necessary, Have a judgment of divorce signed by the court having jurisdiction over your divorce matter, And have it filed in the county clerk’s office. Until then, you […]

Oct 29, 2018

Question #165: was married in the state of n.y. 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 ?

Oct 29, 2018

Question #164: Hello. I was looking at your website and I have a question to ask. I got married in March of 2004. My husband abandoned me in August of 2004. Our son was born in October of 2004. It has been almost 5 years now that he left. I know that he left to Mexico but I have no idea where. He hasn’t contacted me since and I do not have any way to get a hold of him, I have no clue where he could be. I am ready to move on with my life. I would like to get a divorce but how do I start. We do not own any property together, we lived with my parents. I would like sole custody of my son. Would I even be able to get divorced on account that my husband is nowhere to be found? What about getting sole custody? He has made no attempt to contact his son or myself for that matter. I am ready to leave that behind. I am in California, I know you help people in New York but if you could give me some idea at what I will be looking at, I would really appreciate it. Thank You.

Try contacting one of his relatives or friends who may know his whereabouts. It will be much quicker and less expensive if you can locate him and get his cooperation. If you still cannot locate him, you can file for divorce in the county clerk’s office in the county you are living in. You will […]

Oct 29, 2018

Question #163: 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 #162: A friend of mine married a women in NY but is from Canada, they have been married for 2+ years but have never lived together. He is living in NY and has been for 3+ years, he is there on a work visa. He is wanting a divorce but she is giving him problems & he feels she will not sign the papers. They have not been together in any type of relationship in over a year. She keeps telling him that she has applied in Canada and papers have been sent to him but he never gets them as she is playing games with him. What advise would you suggest for him to end this legally?

If he is living in New York for three years he can file for the divorce New York. He does not have to file in Canada or wait for her to file. In fact he would be better off filing in New York where he is residing and would not have to travel to Canada. […]

Oct 29, 2018

Question #161: A friend of mine married a women in NY but is from Canada, they have been married for 2+ years but have never lived together. He is living in NY and has been for 3+ years, he is there on a work visa. He is wanting a divorce but she is giving him problems & he feels she will not sign the papers. They have not been together in any type of relationship in over a year. She keeps telling him that she has applied in Canada and papers have been sent to him but he never gets them as she is playing games with him. What advise would you suggest for him to end this legally?

Oct 29, 2018

Question #160: Me and my husband got married legally in NY 15 October 2007 and religiously married 19 Oct 2007 ( registered by state of NY). but did not start living together until 14 march 2008 . I love him a lot even though it was arranged marriage he never really accepted the marriage well enough but from my end i have fulfilled all the duties of a good wife. his shopping meals the house everything I took care of personally him and my in laws really didn’t treat me good enough and we were having problems one day he was kicking me out of the house and slapped me and abused me and I called the police, but not with the intention of getting him arrested ..I just got scared and thought he needs to understand he can’t treat his wife like that. He was in jail for 24 hours and now the state put a case against him and max he will have to pay a fine violation or misdemeanor. and I did everything in my reach to get him out of this trouble . But now he wants a divorce and he puts grounds of adultery and cruel inhuman treatment. I know he doesn’t really know divorce is a wrong step . I want to stop it by contesting and making him realize we can work it out. But how can he prove inhuman treatment??? can he say I sent him to jail but he did something wrong and for that time he deserved that otherwise he would not realize his mistake. did I do anything wrong , I have always had best favor of him.

You did the right thing by calling the police when you were threatened with physical abuse. Your husband must know that that is unacceptable behavior and will not be tolerated. No one should allow himself or herself to be physically abused in any way. In New York one must prove grounds in order to get […]

Oct 29, 2018

Question #159: My husband and I were married in Newport News, VA in 2005, we separated for a year and a half in 2006. We got back together in December 2007. I left my husband in March of 2009 because he began to be cruel towards me and due to domestic violence on his part towards me in the past I left for fear that I would go through that with him again. I moved back to my home state of residence to live with my parents. We have a 3 year old daughter and I would like to get full custody of her allowing him visitation rights. I am not working and I would like to get help from DC now that I am a full resident again but I have been told I need to file paperwork for a legal separation and child support. I don’t know where to begin. I want to know do I need to do these things in VA or DC. He has moved to live with his mother in MD and to my understanding will be residing there from now on. Where should I start as far as getting a legal separation agreement filed and custody/child support motions?

You can file in the state where your husband is residing or in the state where you reside. Each state has its own jurisdictional requirements regarding length of time you must be a resident of such date in order for it to have jurisdiction. Consult with the county clerk in which you reside to find […]

Oct 29, 2018

Question #157: My wife & I were married for 17 years during which she has been very violent & unstable. We reside in Suffolk County, NY. We have 2 children together, ages 17 & 12. We have been discussing divorce for a while now. We had agreed that I would move out & we would mediate the divorce, but she threw me for a loop. Out of no where, she hits me with a stay-away order that she got from family court based on complete lies. This was only 3 days before I was moving out anyway. She closed all of our banks accounts, took all of our tax refund money, took all the money from her 401k, even took the last $300 I had in my pocket! I am currently on umemployment while she works full-time. She managed to hire herself a fancy lawyer (with what is half my money) and I can’t afford to pay my rent. She filed for divorce & served me already, grounds being cruel & inhumane treatment. I cannot afford an attorney. All of my credit cards have been shut off & all my assets disappeared. My question is, what if I choose to ignore her summons to buy time to save up some money? Can she be granted a divorce if I don’t respond? I have contacted the Modest-Means Committee in Nassau/Suffolk County & was told I don’t qualify for assistance. No decent attorney will take the case without several thousand dollars that I don’t have. The biggest issue in the divorce is custody. My kids want to live with me, but she won’t even allow them to visit right now. Please help!

Try calling the Nassau Bar Association and ask for the pro bono matrimonial division and see if they can assist you. Do not default on the Answer. You must reply within the given time allotted. If you cannot get assistance from the Bar Assoc., try the matrimonial part of the Nassau Supreme Court County Clerk’s […]

LEONARD M.WEINER, ESQ, Ph.D.

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

Question #167: My wife has moved overseas in Turkey, its been a year since weve been seperated, she wont come back to states, how do i file for a divorce, or can it just be dissolved? Plz Help

Question #166: I was married in the state of n.y. 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 #165: was married in the state of n.y. 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 #163: 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 ?