WHAT DOES IT TAKE TO GET A DIVORCE – JURISDICTION, GROUNDS – Page 9

Oct 29, 2018

Question #156: Hi, my question is if while a few months into a legal separation one of the spouses or both enter into new relationships would it be considered adultery and easier to file on those grounds rather than waiting out the year? In the separation papers it states that we are to live as if single and unmarried and not to cohabit or dwell with one another so I am wondering if this allows for each of us to be involved with someone else or if it is considered adultery. We have no issue with the fact that we may get involved with another as we both are in agreement with the separation, no longer love one another and both want to dissolve the marriage. Thank you

You are considered married until you receive a signed judgment of divorce from the court and it is filed with the county clerk. Until then, any sexual relationship with another person is considered adultery. You could have selected a different grounds other than the Separation Agreement and would not have to wait the year. Leonard […]

Oct 29, 2018

Question #155: My sister and her husband of 1.2 years were having some problems so she asked him to move out. It’s been about 3 months and she has no idea where he’s living or any other contact information (except email, which he ignores). He’s an airline steward so is difficult to reach via work. Can she file for separation without his signature or knowing his whereabouts? Would filing a missing persons report help at all?

In order to file for separation or divorce she is going to have to serve her spouse with a summons and complaint. Therefore she will have to locate him. She should try to locate some of his relatives or friends and see if they know where he is. If she is living in the New […]

Oct 29, 2018

Question #153: My husband retained a lawyer to create a “Boilerplate” settlement agreement which he handed me on 4/1/08(April Fool’s Day) in NY. I still haven’t received any correspondence from his lawyer and have no idea how to send back any changes to the agreement. It has many errors in procedure and even states that Child support doesn’t start till 2 years after the agreement is signed. I have consulted several legal sources and they advise that I send a letter asking that my husband negotiate a different agreement since the one already written has someone else’s decisions and desires for a settlement. My husband says it is a starting point and wants the agreement to go back and forth with any changes. I feel it is a SUPREME waste of time and Lawyer fees. What do you think?? I was also checking the Supreme Civil calendar and found the woman my husband has been cheating with. She filed for Divorce before Valentine’s Day 2008 and is using the same law firm that my husband retained. Is that ethical for the same firm to represent both of them in their Divorces?? Can I make a complaint about the firm?? I look forward to your response.

You are absolutely right. First discuss the main issues and Come to an understanding. Then draft the relevant provisions. Do not consent to a boilerplate agreement. The decisions you make Will affect your future and are too important to try to squeeze Into a form. You need separate legal counsel. This is too important a […]

Oct 29, 2018

Question #152: My mom is 80 yrs old. Married a man (similar age) about 3 yrs. ago. Of course they have never been intimately involved during this marriage. She moved out of their living together over a yr. ago. She was served divorce papers, reason abandonment. If she wants nothing from the marriage and is not entitled to anything such as the home previously owned by he and his deceased former wife or support (alimony) and she is completely uncontesting the divorce, again wants nothing, does she have to turn over her financial documents and appear in court or will a letter to the court and cc his attorney be enough?

If she received a Summons and Complaint she must answer within a certain time ( generally 20 days from receipt) in which she must admit or deny each any every allegation. Otherwise she will be in default. If she were to mediate the divorce she could avoid the hassles of court and reach a negotiated […]

Oct 29, 2018

Question #151: I married my husband in June 18, 1999 in the country of Panama. I’m a U.S. citizen. As I was filling for the papers for him to come to California to live with me and his son, he has an affair in Panama and gets a girl pregnant. I went back to panama to try to get a divorce, but I gave him another chance. Now looking back I wish that I could turn back time, and never gave him that chance. It took me a while to forgive him, but I did and I continued on with the papers, now my husband is a resident of California. I brought him to California to live with me 2004. Now I would like to get a dirvorce because he is not doing anything that will help us to better our future. We have a son that’s 7 years old and he’s not even paying child support. How can I get a divorce in California? The only record that shows we are married is Immigration, not the court, so can I go to the local court and get a divorce even thought I got married in Panama? I still have the marriage cirtificate, but its in spanish.

Yes you can file for divorce in CA even if you were married in another state or country, such as Pananma. Keep the Panamanian marriage certificate as proof if you will be asked to provide evidence of the marriage. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #150: My best friend has been legally married to his wife for 3 years now but they have NEVER lived together since getting married.He resides in VA for work and she resides in Queens NY with their 3 year old daughter. They just got a legal separation document in March of 2008. My question is since they have not resided together the entire duration of the marriage and they have not slept together in 2 years do they have to wait out the legal separation period of a year to have a finalized divorce or can they divorce now? They both agree it is a no fault divorce. Please advise, he would like to end this marriage sooner rather than later. Thanks!

If the grounds for the divorce are based on the executed Separation Agreement, then they will have to wait the full year. It is possible , however, to file under other grounds which will permit the couple to get divorced immediately, without waiting the year. If your friend is living in the NYC metro area, […]

Oct 29, 2018

Question #149: My wife resides overseas we were both born in Caribbean, and married there, I’ve lived outside the matrimonial home for over 9 yrs ,resident of nys for 2yrs,currently in military wants a divorce, How do I go about this? There is a 18yr old child of marriage,no property,no assets . I have two other children outside of marriage and wish to move on, how can she be served? Do I need an attorney or can I file on my own?

You can file in NY . If she is cooperative and wishes a divorce as well, we can prepare everything in NY without her having to come here and we will discuss the issues by teleconferencing. Divorce is a serious matter that requires experienced, legal counsel and should not be left to self help. You […]

Oct 29, 2018

Question #147: A friend of mine got married in New York City 6 years ago. She and her husband currently reside in New Jersey. If she were to file for a divorce, would the proceedings be subject to New York Laws or those of New Jersey?

If your friend and her spouse are living in NJ for the last 6 years, they would file in NJ and be subject to NJ law,not NY. I strongly suggest you have them call me to discuss mediating their divorce. It will be less traumatic, less expensive and faster. Leonard M. Weiner, Esq./Divorce Solutions

Oct 29, 2018

Question #146: I have been “legally separated” for six years. I would like to finalize a divorce. How simple and how expensive should it be? My “husband” and I just need to change one or two items in filed separation agreements…and we both agree…We live in New York. Thanks for your response.

I must first review the Separation Agreement to make sure you have in fact dealt with all of the issues necessary to get a divorce and then we would have to draft the changes you are contemplating making. I will then draft the divorce papers and file them in the County in which one of […]

Oct 29, 2018

Question #145: I was married in the Philippines July 2001 because I got pregnant. By June 2003 we separated amicably. By October 2005 I came here in the US leaving my daughter in his care and my parents. I now want to divorce him, I spoke to him about my decision and told me that he’s willing to sign the needed paper works. We agreed that custody of our child will be shared.There are no properties to divide and am not asking anything from him and neither is he asking anything from me. How do I file for divorce here in NY? We have been separated for more than 4 years and I want to move on. What are the paper works needed to begin filing and how much will it cost me? Will it be possible to divorce him?

If you are living in the NYC metro area ,please call me at 212-370-1660. I can help you get the divorce you seek. I will prepare all of the legal work and file all of the papers , and neither of you will have to make any appearances in court or spend hours waiting for […]

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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

Question #147: A friend of mine got married in New York City 6 years ago. She and her husband currently reside in New Jersey. If she were to file for a divorce, would the proceedings be subject to New York Laws or those of New Jersey?