Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin Abessi
1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.

I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 21, 2020

Here's one of the places you can begin your search:

https://www.justia.com/lawyers/divorce/new-york/new-york-city/legal-aid-and-pro-bono-services

In addition, law schools have law clinics that may take divorce clients.

Ultimately, though, if you're working and...
Read more »

1 Answer | Asked in Securities Law for New York on
Q: I have questions regarding securities and exchange commission laws.

I own a options trading website where I provide trade ideas of specific stock tickers based on fundamental and technical analysis. I charge subscribers monthly fees. I do not provide investment advice of any sort, just trade ideas of good stock setups. I don’t tell my subscribers what to do from... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 16, 2020

Given the facts at hand, you appear to be on the right track. A seminal case is Lowe v. SEC, 472 U.S. 181 (1985), which essentially declared that an exclusion from the definition of investment adviser is available to any publisher of a newsletter as long as remains entirely impersonal and does not... Read more »

2 Answers | Asked in Divorce for New York on
Q: Hello I already have a legal separation agreement file through court. How do I go forward with the divorce?
Kevin Abessi
Kevin Abessi answered on Nov 16, 2020

The first question you have to ask and answer is whether it has been a full year since the separation took effect. If not, then you will have to wait until then before you can use the separation as grounds for the divorce [DRL 170(6)].

After a year, you can "convert" the...
Read more »

View More Answers

2 Answers | Asked in Child Custody and Family Law for New York on
Q: My husband and I are separated, he will not let me take the kids. I currently live with my bf.

The kids came with me when I separated from my husband. We are still legally married. He said he will take the kids for the weekend and now he won’t let me take them back. Can a police officer help with this issue?

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

You may need to seek a custody order, assuming you currently don't have one. From the facts provided, I'm not sure if you have a formal separation agreement in place, and if so, what it stipulates. But establishing your custodial rights through a legal process may be your best option.... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... Read more »

4 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

While one lawyer cannot represent both parties (conflict of interest concerns abound!), an attorney acting as a mediator would be considered a neutral party in the divorce process; the parties would, in that situation, technically be representing themselves. You'd have difficulty finding a... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.