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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: my wive's lawyer wants me to sign a consent to have access to my salary information at work. Can i decline?
Howard E. Knispel
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Howard E. Knispel
answered on Nov 30, 2022

Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.

1 Answer | Asked in Divorce for New York on
Q: I am married, moved out of my NY rental, trial separation, both on lease, who pays rent?

I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... Read more »

1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
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Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

1 Answer | Asked in Divorce for New York on
Q: How long will my divorce take in Bronx County (New York)?

So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

1 Answer | Asked in Family Law and Divorce for New York on
Q: I'm going to court November 29th for a divorce that I asked my husband for over 26 years no children should I persu

We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... Read more »

2 Answers | Asked in Divorce for New York on
Q: Why uncontested divorce status is still RJI pending after a year? When will I be granted the divorce?

No assets

One minor child

V Julia Luyster
V Julia Luyster
answered on Nov 13, 2022

Possibly additional papers need to be filed. Did you file Findings of Fact and Conclusions of Law and a proposed judgment? Do you have a Parenting Plan agreed to in writing?

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1 Answer | Asked in Divorce for New York on
Q: Am I able to file for an uncontested divorce and handle the custody/child support issue at a later time?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 8, 2022

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

1 Answer | Asked in Divorce, Family Law and Elder Law for New York on
Q: If a husband walks out, is he financially responsible for shared bills?

My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... Read more »

1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 23, 2022

It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.

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1 Answer | Asked in Divorce for New York on
Q: After the stipulation of discontinuation in divorce case is filed, is it possible to find it on public search? Thanks

Can anyone find out in public search that the divorce action was started in the court even it is discontinued?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 8, 2022

Divorce cases in New York are private and you can not search the individual matters records.

1 Answer | Asked in Divorce for New York on
Q: My Cousin Husband is doing 2nd Marriage in Pakistan without Divorcing my Cousin.

My question is that are we able to do any legal action against it in USA

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

Your question remains open for four weeks. It probably got overlooked in the general "Uncategorized" heading. You could try reposting under "Divorce." Some questions do go unanswered, but you'd have better chances of a response there. Good luck

1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Divorce and Family Law for New York on
Q: How is my situation?

Married for five years seperated after two years befor she come to usa now she want to divide my bank account she never added to or deposit any money we dont have kids she is working good

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 28, 2022

It is wise for you to make an appointment to consult with an experience family law and divorce attorney. Generally speaking anything earned during the marriage is considered marital property. Despite the fact that she may not have contributed to the account, the fact that you own an account between... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 14, 2022

First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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2 Answers | Asked in Divorce for New York on
Q: Judge ordered home sold immediately,wife refuses

House could have been sold already now I’m behind on mortgage because of her

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

You should immediately inform the court that your spouse is not complying with the court order. The judge may request a conference to find out what's going on. You can also file an Order to Show Cause to request immediate action from the court, such as precluding a spouse from interfering... Read more »

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1 Answer | Asked in Divorce for New York on
Q: We are in divorce process. My wife is borrowing money to fix the house and in property division How will that effect me?

I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 3, 2022

If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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