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Questions Answered by Joseph Douglas Barics
2 Answers | Asked in Divorce for New York on
Q: What do I do when my lawyer passed away right before divorce trial?

My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he... Read more »

Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 12, 2019

First of all, your case is stayed automatically upon the death of your lawyer. See CPLR 321(c)

Many think the stay is for thirty days, but that is not correct. The other side must first make a demand and that starts the 30 days running.

The 30 days countdown also starts once you...
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2 Answers | Asked in Divorce for New York on
Q: How can I get divorce in New York if my ex partner is in another country?
Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 1, 2019

In general, a divorce may be filed in the state or country where either spouse lives, provided the residency requirements are met. If you meet the residency requirements of New York, you can file here. Your spouse must still be served with the divorce papers, and service must meet both NY law and... Read more »

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3 Answers | Asked in Divorce for New York on
Q: Is "Request for Judicial Intervention" mandatory in an uncontested divorce in Manhattan, NY?

in February 2019 I used an agent to file an uncontested divorce in Manhattan, NY. I checked with the clerk a couple of times, they say it's pending and nothing to do. I checked my case on the "webcivil supreme - case detail" again, noticed both "RJI Filed" and "Justice" leaves blank. I'm not sure... Read more »

Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 1, 2019

As the others have said, an RJI must be filed in every case. Its simply the form used to assign a judge to a case.

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2 Answers | Asked in Divorce for New York on
Q: My husband and i split up 5 years ago nothing legal yet. I stayed in the house with our 2 children he moved in with his

Parents rent free. He pays child support. My question is can i get more from the sale of the house when we sell because i have paid for everything for 5 years on my own, mortgage, taxes, maintenance??

Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 1, 2019

Can you? Yes.

Will you? Maybe.

When the court divides marital property in a divorce, they are not required to split everything 50/50. Depending on the facts or each case, the judge can award one spouse a greater percentage than the other. The factors you stated could certainly be...
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