Divorce Solutions

Question #63

I am a New York City resident. I was married in March of 2001. My husband traveled back to Brazil (He is Brazilian) post-September 11. He went through a period of some emotional and mental instability during this very trying time. He went to Brazil post-September 11 to gain some support from his family, and his mother requested that he “come home.” When he attempted to return to the States, he was unable to. We are still on amicable terms; however, we communicate infrequently. I have begun to see someone else and would like to get an immediate divorce. We do not have any children or own any property together. We had one joint account, but that has since been closed. Does he have to be present to begin divorce filings? Am I able to get an annulment? 

Your husband does not have to be present to begin the filing process, although we will need his cooperation and agreement to get a mediated divorce.

With the limited amount of information you provided, there does not
seem to be grounds for annulment.

Please call me at 212-370-1660 to discuss the matter
at greater length.

Leonard M. Weiner, Esq.Divorce Solutions