Neither one of you has preference, except possibly if you have children. The spouse with primary residential custody may get to live in the house with the children if he/she can afford it, and may be given the right to buy out the other spouse IF you can agree to a price.

Fact specific, but in most cases, she is entitled to half of the appreciated value of the house since the date of marriage, and pay down on the mortgage since the date of marriage.

If you received the OP (order of protection) in District Court contact the assistant district attorney.

If you received it in Family Court then contact the court and ask how to file a petition to have it dismissed.

The courts want to reunite children with parents, but the facts of your case may allow you to keep the children. These cases are very fact specific and it depends on what efforts the mom would make to rehabilitate herself as the mother of the children. The test the courts use is "the best... View More

There is no legal obligation for parents to support their children past the child's 21st birthday.

Call the police - even after the fact. He is trespassing and perhaps harassing, or other criminal misdemeanor.

The support of your brother's children are not your spouse's obligation. Do you/the 3 children qualify for Social Services? If your individual expenses and counsel fees were draining you, then you could petition the Supreme Court in your divorce for your spouse to pay your counsel... View More

Yes.

You can only adjust arrears from the date of filing your petition for modification of child support. Arrears which accrued before that date will not be modified. Also, even if you are on state or federal disability, you will still need to bring in certified medical records AND the support... View More

Everything needs to be in writing. If everything you were promised (for the additional $1,000/month in rent) is in the lease, or addendum to the lease then you can take the landlord to court. If it isn't in writing, you won't get any relief. Good luck!

Not without a court order. Depending on the circumstances - the age of the child and the reasons why you haven't seen the child, you may be able to get an order to discontinue if you can prove constructive abondonment (the child is of a certain age and refuses to see you despite your many... View More

What is the agreement - a divorce agreement or child support? Is there currently an order of child support from either a Judgment of Divorce, or a Family Court Order? If there is, then you need to file a petition in Family Court for Contempt Of An Order for Child Support. You can then get an... View More

Something does not sound right. 12,000 for an uncontested divorce?? Did your attorney actually negotiate the terms of your divorce, or were you and your spouse in agreement on all issues? An index number can expire if the defendant was not served, but if he signed the Defendant's... View More

Only the plaintiff needs to allege that the marriage has been irretrievably broken for at least 6 months. If the other spouse refuses to sign the documents necessary for an uncontested divorce, then the party who wants the divorce must commence an action for divorce in the Supreme Court.

Was the payor ordered, or agreed to pay through the CSEB (child support enforcement bureau), or are the payor's wages being garnished? Either way, it can take several weeks for the money to be processed. Look at the Order from the court to confirm how the payor is paying.