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Question #131

OK, complicated question. First background: 1) Married for 4.5 years. 2) Own apartment in manhattan in wife’s name. 3) She has been mostly there since 2000. 4) I rent in California. 5) She hasn’t worked for a year and a half, but made a lot of money before the market crashed. She’s been living from that. 6) She has admitted to cheating on me several times since married, and has promised each time to stop. 7) I have some of her emails that support this. 8) I have some proof and believe that she has had an ongoing intimate relationship for the last several months with a person that I know the identity of. 9) I have her admitting to cheating on me within the last “couple of months”. 10)We were married in Nevada, but had residence in Califronia together from 1998 until 2000 and were married in 1999.

You can file either in California where you have been living for over a year or in New York, where your spouse has been living for over one year. Since the apartment is located in Manhattan, it makes more sense to file in New York where the decision of the court will be able to be implemented immediately.
I strongly suggest that you mediate your divorce . You and your spouse can together with the help of the mediator settle all the outstanding matters including division of marital property, including the apartment , if it were acquired during the course of the marriage, and the extinguishment of any outstanding common liabilities of the marriage, and all other matters which have to be addressed in order to separate and get on with your lives. This can be done more efficiently, with less aggravation in the quiet of my office, instead of in the courtroom corridors after expending thousands and thousands of dollars on litigation and attorneys fees. You can keep her from changing your mind by addressing the issue and taking care of the matter without further delay.

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

Leonard M. Weiner, Esq./Divorce Solutions