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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?
Howard E. Knispel
Howard E. Knispel answered on Jul 22, 2021

Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

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1 Answer | Asked in Divorce for New York on
Q: Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for divorce in the us?

Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for another divorce in the us after the divorce is granted in another country?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 20, 2021

Once the divorce is granted overseas, she may not file for a divorce in the US. However, if the foreign court does not deal with custody or child support she can file in the US for those things. There may be additional things she can file for depending on the state in which she files.

3 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

Howard E. Knispel
Howard E. Knispel answered on Jul 11, 2021

Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.

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1 Answer | Asked in Divorce for New York on
Q: Do I have to pay for dental care I provided as per my divorce agreement after I retire?

My divorce agreement states I will provide dental care to my ex and the child. I have done so for 40 years, and also to her new husband, their daughter, and now her husband. Now she wants me to pay for her care since I am retired. The agreement only states I will provide dental care for her and the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 7, 2021

The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello, is there a site that would specifically instruct me on how to fill out ny divorce papers?

It is uncontested.

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

Your question is best suited for the experienced divorce attorneys here. But your post remains open for two weeks. Until you're able to reach out to an attorney who is knowledgeable in this area, here is a link to the New York State Unified Court System's divorce resources:... Read more »

2 Answers | Asked in Child Support and Divorce for New York on
Q: My spouse refuses to abide by our divorce agreement and pay for what he agreed to pay, what court or recourse do I have.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 16, 2021

You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.

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1 Answer | Asked in Divorce for New York on
Q: Is there pro bono or reduced rates for inmates filing for divorce. I am a federal prisoner home release in New York.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to... Read more »

1 Answer | Asked in Divorce for New York on
Q: I had a Pende lite with an Order to Show Cause granted by the Supreme Court Judge overseeing my divorce.

The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what... Read more »

2 Answers | Asked in Child Custody and Divorce for New York on
Q: I’m on the verge of divorce

My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... Read more »

Howard E. Knispel
Howard E. Knispel answered on May 19, 2021

You should file for custody in Family Court if you too are separated. Otherwise you need to file for divorce with an immediate Pendente Lite motion. Talk to a lawyer.

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1 Answer | Asked in Divorce for New York on
Q: My wife and I are splitting up. She says she's throwing me out, I say I was leaving.

I am staying with my parents. Can I go rent my own apartment? Can I remove my own personal property from our apartment to take to my new place? Things that were mine before we were married?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 13, 2021

You may remove whatever you want but just be aware that if your wife calls the police they will tell you that you have to leave it and work out who gets what in the divorce.

1 Answer | Asked in Divorce and Civil Rights for New York on
Q: my car is registered to my ex boyfriend is there any possible way I can get it back?

he's threatening to take it from me but I bought it

Carmen M. Rodriguez
Carmen M. Rodriguez answered on May 12, 2021

I am sorry you are going through this.

Here are a few thoughts, and it is not intended to be an exhaustive list of considerations:

Do you have any receipts or proof of payment(s)?

Are you still paying for the car?

Why did you register it in his name?

Did...
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1 Answer | Asked in Divorce for New York on
Q: Is PR considered the home state if I’ve been living in NY for 14 months and my wife and kids just moved to FL 2/17/21?

If I can get the divorce dismissed for lack of jurisdiction in Florida. Can I file for divorce in Puerto Rico?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 11, 2021

Home state refers to the last state where the children lived last for 6 months. As the children moved to FL in Feb. that is not the home state if they lived in PR for the previous 6 months. However, if neither of you live in PR then FL will be considered as the home state.

1 Answer | Asked in Divorce for New York on
Q: I filed for a divorce 8 months ago and I checked the e-courts and I need help understanding the meaning of things

I filed for a divorce 8 months ago and I checked the e courts and it says there was a an appearance date April 29th that already passes, it says court date purpose : Conversion-Other , justice part: part 30 also the Date NOI Due: September 29th 2021.

What does all this mean? will I have to... Read more »

David Ivan Bliven
David Ivan Bliven answered on May 8, 2021

E-courts is sometimes cryptic. Merely because it says there was an appearance doesn't mean there was one - it could be just a tickler in their system. That said, if the case is still uncontested, you need to file the judgment package along with the note of issue. Schedule a consult with a... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hi. I divorced 10 yrs ago. No mention of Qdro in my paper work. Can I do this if not in my divorce documents?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 6, 2021

If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.

2 Answers | Asked in Divorce for New York on
Q: i want to get divorce
Theodore Alatsas
Theodore Alatsas answered on Apr 30, 2021

I suggest that you find a lawyer so that you can get an understanding of your rights and potential responsibilities.

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1 Answer | Asked in Divorce for New York on
Q: After 16 years being completely separated, how can my ex and I get divorced, easily and cheaply?

We have been separated financially and residency for 15-16 years. We have a 21 y/o who lives completely on his own. We just want a cheap, easy, quick divorce. What's the best way to do that?

Kevin Abessi
Kevin Abessi answered on Apr 20, 2021

If you can agree on the terms of the divorce - e.g., equitable distribution, spousal maintenance, custody if relevant, etc. - through private negotiations with each other, then you may be able to proceed with the formal divorce process in an uncontested capacity. This can essentially amount to no... Read more »

3 Answers | Asked in Divorce for New York on
Q: hello my name is norma i am looking to get a divorce and was wondering what steps i need to take to start that process
Theodore Alatsas
Theodore Alatsas answered on Apr 15, 2021

I recommend you consult with an attorney to discuss the most appropriate strategy. Generally, a divorce starts with the service of a Summons on your spouse, but there are important considerations that you should discuss with an attorney. These considerations vary depending on whether there are... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Can my ex Husband force me into an every other week schedule after 7 years of splitting the week?

I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 19, 2021

He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however... Read more »

1 Answer | Asked in Child Custody and Divorce for New York on
Q: Hello Am I able to ask a question in regards to a divorce

No I have not I just got the letter in the mail my question is if you can help me or not I’m having trouble finding information I bring a four-year-old child into the marriage as I was a single father is biologicalWas deceased we then got married and now she wants to get joint custody is this... Read more »

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

Did you get a step-parent adoption through the court? If she adopted the child then she can get joint custody.

3 Answers | Asked in Divorce for New York on
Q: hello. I've got some questions about spousal support or maintenance before divorce.

haven't filed yet but I think my husband might soon.

I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2021

You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.

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