The Domestic Relations Law essentially says that anything acquired during the marriage is considered marital property, regardless of whose name the title is in, and makes that property subject to equitable distribution (this is how property is divided in a divorce). If you were to move, it would... View More

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... View More

You should definitely file some form of order to show cause, either in Family Court or in a divorce proceeding. You should absolutely consult with an experienced divorce attorney.

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

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... View More

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.

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... View More

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... View More

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.

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

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.

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... View More

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... View More