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Questions Answered by Theodore Alatsas
1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I am a victim of domestic abuse for a long time and this time i want to put an end to it. I want to file a divorce

My concern is our lawyer is about to start processing my papers for green card, is it possible for me still get it even without her petition?

Theodore Alatsas
Theodore Alatsas answered on Jan 25, 2021

The Violence Against Women's Act protects non-resident aliens from deportation or denial of status when a divorce is based on domestic violence during the marriage. I have cancelled many such cases in the past.

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?
Theodore Alatsas
Theodore Alatsas answered on Jan 23, 2021

Your questions is vague, and so my answer is equally vague. This depends on a number of factors, and so I cannot definitively answer. Are you currently married? Have you been divorced? How long has your spouse been there? etc. You should speak to a lawyer and provide more detail, before an... Read more »

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3 Answers | Asked in Divorce for New York on
Q: How can I get divorce that guarantees me to be with my child?. I don't mind if he do visitation.

I live in new york and i have been married for 5 years . our daughter is 4 years old also my husband has 3 children from ex marriage. I cant live with my husband any longer due to his anger problems towards me. he is very verbally abusive and he grabs my child way from me many times. I have so much... Read more »

Theodore Alatsas
Theodore Alatsas answered on Jan 18, 2021

No lawyer can guaranty you a result, especially in a custody matter. However, I believe that your husband is incorrect in his assertion that no judge would split siblings. That simply isn't the case. There are many circumstances under which siblings from two different relationships. I... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I need consultation regarding a possible divorce.

I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.

Theodore Alatsas
Theodore Alatsas answered on Jan 13, 2021

I am sorry to hear about your situation. There many factors that the Court would need to consider in removing someone from the home. It would be more appropriate to discuss these matters in a less public forum. You certainly should consult with an attorney if you have not already done so.

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3 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: Does a will have power over asset distribution if beneficiary is not listed on broker's beneficiary list?

Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?

Theodore Alatsas
Theodore Alatsas answered on Jan 13, 2021

In most circumstances, an intervivos beneficiary designation (that is a designation made while the person is alive) takes precedence over one in a will.

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2 Answers | Asked in Divorce for New York on
Q: I've been married 21years,we lived together 1 year we've been separated since then can I still get an annulment
Theodore Alatsas
Theodore Alatsas answered on Jan 9, 2021

Annulments are difficult, and are subject to specific statutory grounds. Given the length of the marriage, it seems likely to be difficult. You will be able to get divorced, provided you can find your spouse and serve your spouse with the appropriate summons.

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1 Answer | Asked in Family Law for New York on
Q: My husband filed an OTSC which I am responding to with a cross motion. I want to respond w a cross motion and.....

... a motion for contempt of (several court orders). In the first paragraph of my motion do I put "plaintiff will cross-move and seek an order to find the Defendant in contempt of Court before this Court " and then below the following relief to the plaintiff: 1. Seeking an order finding... Read more »

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

You should contact an attorney. Filing a contempt application has certain statutory requirements, and can only be done by order to show cause. you should check the court's website, alternatively, for an appropriate form. a cross-motion will not be effective and likely be denied on... Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... Read more »

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