LEONARD M.WEINER, ESQ, Ph.D.
LEONARD M.WEINER, ESQ, Ph.D.
Hello. This is the first time I am contacting a mediator after years of thinking about legal separation/divorce. The first question I have is…Is it ok for me to leave my apt that I share with my husband before we sign a legal separation agreement? I have not told my husband that I am seriously considering separating although we talk about it frequently. He is opposed, but would not hold me back. I would like to move out of the house first so I do not have to face uncomfortable feelings…but dont want to do anything that will hinder this process. Do I need a consultation?Read Answer
I am in New York City and considering a separation from my husband. If I move out without being legally separated, am I in anyway forfeiting my right to the homes/assests we own together? Can mediation be used to draw up separation papers?Read Answer
My husband and I have been separated for two years now, married for 7 years. I finally left after several attempts and have not gone back since. He carries the insurance on me an my child. He is not the biological father, nor was she ever adopted by him. I let her see him when he asks or when she ask. I’ve been scared to file for divorce because, I only make $10 hr. I will not be able to afford health insurance. He makes like $45,000 yr including bonus money every quarter. We had land on contract for deed, which I signed over to him after I left. We lived in a mobile home on the land which was his prior to the marriage. We purchased a 4-wheeler together which I signed for because his credit was bad. He promised to pay for the 4 wheeler if I would put it in my name. Needless to say it wasn’t long and he stopped paying the $150 month bill. It’s been in collections every since, like 6 years I suppose. When I left I had no way to take the 4-wheeler with me, I asked him to bring it to my parents’ house. He never has and continues to use it everyday. Is waiting to get a divorce hurting my chances at receiving maintenance? Can I receive it at all? I have a boyfriend now. He is convinced this is why I left him. I left because he is an alcoholic, and I didn’t want to deal with the mental, sometimes physical abuse any longer. I did not want to raise my child in that environment either, only to have her grow up thinking it was normal relationship and end up in the same predicament. What advice can you give me?Read Answer
I have been a stay at home dad for four and a half years. My wife and I just bought a house. My son has a medical condition that I had been taking care of for the past three years. He has improved, and the doctors have said that if all goes well, his respiratory problem will be gone or under control by the time he reaches kindergarten. I also have a four-year-old girl who will be starting kindergarten this September. We are still trying it sell our old home, and as of right now, we are around $600,000 in debt. We agreed since Robert’s illness that I would stay home until he reaches kindergarten, and then I would go back to work. She has now asked for a legal separation. She wishes to hire a nanny to live here and take care of Robert and that I leave the house and see the kids on the weekend. I have raised my kids since the day they were born. She has a member of her family, who is a lawyer and, therefore, will not have to pay any legal fee. Is it legal for her to use her family member as her lawyer, and can I refuse to leave?Read Answer
Hello! My husband and I have been married for 4 1/2 years. For the most part, things were good with a flare-up every six months. My husband’s flare-ups have been occurring regularly now, and he rips me apart verbally. He will then ignore me for days until he is ready to speak again. I love him but cannot continue to feel uncomfortable in our home. The home we share was left to him when his father passed. He claims he added me to the deed, but I have never seen it. If I move out because of his verbal assaults, would this be considered abandonment? After moving, can I then contact a lawyer to start divorce proceedings? Also, if I leave first, would I lose any entitlement to money? Thank you!Read Answer
I have been married for 19 yrs, and my spouse and I have grown apart. We have a 21yr old son in college out of state. My wife is on social security disability and does not work, but I think she could if she wanted to. Before I leave our house, I wanted to know if there were any legal ramifications of me doing this, such as abandonment? We are trying to work out the separation, but I wanted to make sure I’m not giving up any rights once I leave the house?
I have been married for 22 years. I moved out in March 2002 to live with and care for my terminally ill mother, who has just passed away. He has discussed divorce many times. Now he’s stalling. My mother left me her estate. If the divorce isn’t started, is he entitled to this estate as part of a settlement? I live in New York.
I am due to inherit (as a beneficiary on bank accounts and as Trustee of a Family Trust) a large sum of money upon the death of my mother. Naturally, I’m writing because my marriage is looking more and more like a ship off course. My question: Should I inherit the monies mentioned above, keep them in accounts only in my name (perhaps my children’s names as well), and keep a paper-trail showing the money was inherited? Will it be safe should a divorce ensue – even several years from the date of inheritance?Read Answer
If a car is given to me as a gift by my mother while I’m married, can my husband have any claim to it whatsoever (monetarily or otherwise), if we divorce? (I live in New York.)Read Answer
I live in New York, my husband of 3 years has not worked 2 1/2 years of those. His mother recently deeded him and his brother a piece of property for $1, which now they are fighting over. His brother has offered him monies for the property. We are now no longer living together. Am I entitled to fight for any of these monies?Read Answer