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I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More 
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
answered on Jan 28, 2025
You need to contact both the Judge and the court appointed attorney to explain your situation. If their is sufficient time, the Court may grant you an adjournment. However, the Court may state that it is too late to get an adjournment. A lot of this depends on the Judge and all the circumstances.
Me And my wife separated in october. I decided to stay at my parents because it was easier on our daughter. We rented from her parents and I had most of my possessions at the house still. They decided to either throw everything away and her father kept my tools and other things. Is this legal? I... View More
answered on Jan 28, 2025
The short answer is "no", your wife and/or her parents do not have the legal right to throw away your personal property (possessions). However, in a practical sense, you need to prove to the court exactly what personal property you had and what it was worth. Most of the time, personal... View More
I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.
(Edited for additional context): I am concerned with sealing from the public... View More
answered on Sep 7, 2024
In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More
Ex refuses to pay for our 14-year-old son's CIT training program at the camp he has attended since age 5. He claims he agreed to pay for day camp "until 13 years old" and that son is "old enough to be on his own and doesn't need to be forced into a job so that [I] cam work... View More
answered on Jun 16, 2024
When a Judge sees the word "reasonable" it should mean reasonable in the eyes of the general public and standards. My opinion is that given the language you quoted, as long as the cost for the CIT training is not excessive, it would seem that your ex would need to pay for it. However,... View More
Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house
answered on Jun 15, 2024
If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.
Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,... View More
My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also
answered on Jun 15, 2024
In New York, you are responsible for child support until a child turns 21 years old. There are a few exceptions, for example, if the child enrolls in the military; gets married. It doesn't matter if the children work or don't work.
You might try to see if the kids will live... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
If I were to get married at 17 in New York State without parental consent, would I be considered legally emancipated from my parents? I currently live with my mother, who is not supportive of the marriage, and I want to become independent. I also have a stay-away order against my father. What legal... View More
answered on Mar 8, 2025
In New York: If you are 17 years old, you need your parent's consent.
I got married in NYC and later discovered that my wife was still married in the Philippines five years before we met. Her mother was aware but kept it from me. I've since filed for divorce and have obtained full legal custody of our children. I'm concerned about the implications on our... View More
answered on Mar 8, 2025
You need to go to Court to get your "marriage" declared a nullity.
I'm 10 years old, and my parents gave me a Nintendo Switch as a gift. They've decided to restrict my usage, even when it's not connected to their TV, because they believe I play too much. Can they do this?
answered on Mar 8, 2025
Yes, as a 10 year old, your parents can restrict your game usage -- take away your games etc.
answered on Jan 28, 2025
Assuming the hospital allows visitors, yes, he can have the children visit him at the hospital.
He does not lose his parental rights while he is in the hospital.
The divorce was started in early September. We both reside in NY State. The only thing that I have received and completed was the questionnaire. I consulted the company several times about the status of my case however, I was told that they are not a middle man. Per a court order, I am not allowed... View More
answered on Nov 24, 2024
Yes, you can file your own papers. If it turns out that your spouse filed papers before you, then one of the divorces will need to be cancelled.
answered on Nov 24, 2024
Most likely "yes", however, you need to read your Judgment of Divorce and if there is one, the Stipulation of Settlement. That will govern when spousal maintenance ends. Typically, someone just moving in, does not qualify for ending spousal maintenance. I highly recommend you consult... View More
My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?
answered on Nov 11, 2024
If your Mother gets divorced in Mexico, it would be valid in the U.S.
answered on Nov 11, 2024
If you are located in Suffolk, Nassau or New York City, I can help you. Please email me at david@dbnylaw.com.
Will any money I may inherit go to him as well?
answered on Nov 24, 2024
You have to make sure that in your Separation, that you and your spouse waived the Right of Election.
If you did, then you can state that your estate goes to your children or have a Trust for them. You should consult with an attorney.
Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
If you file for a Divorce, then the issue of custody will be determined in the Divorce process. There is a lot to know about custody and should absolutely consult with an attorney.
Living in the basement with my daughter.
answered on Sep 5, 2024
If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.
However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).
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