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New York Divorce Questions & Answers
0 Answers | Asked in Divorce, Employment Law, Family Law and Contracts for New York on
Q: Does my husband's lack of financial contribution and refusal to mediate qualify as financial abandonment during our divorce in NY?

My husband and I were married for 15 years and have four children. I expressed my wish for a divorce almost two years ago, but due to financial constraints, I delayed filing until January 2024, when he was served. On my lawyer's advice, I separated our bank accounts and began paying household... View More

3 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: I’m in Nassau county for divorce. My appointed lawyer doesn’t answer anything. How to get rid of him

He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More

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1 Answer | Asked in Divorce for New York on
Q: My wife and I got married in California in 2013 but moved to NYC in 2019. How do we go about getting divorced?

We will be filing no contest divorce, but does one of us have to live in California for six months before filing? Thank you.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 30, 2025

If you both have lived in NY since 2019, you have fulfilled the requirement for a NY divorce and can file in NY. No one has to go back to CA.

1 Answer | Asked in Divorce and Child Support for New York on
Q: Our separation/divorce agreement is great deal for my husband who has been togehter over 15 years. I need legal counsel.

My husband and I are oversea and due to special status SOFA, he has upper -hand regarding to our children's custody and my job. We are separated under the agreement however it was not counseled by legal. In order to proceed divorce, due to lack of funding, I would like to have less battle as... View More

James R. Dickinson
James R. Dickinson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2025

I agree with you that you need legal counsel to avoid being taken advantage of. Speak with a local attorney about your case or matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: My son is divorce but has to kids he shares custody of. While he in hospital recovering can hebpaas his parental rights
David P. Badanes
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David P. Badanes
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.

0 Answers | Asked in Divorce for New York on
Q: how i can file a divorce cade?

and how much expenses for a contested divorce case ?

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Can my wife legally throw away my possessions if we separate but aren't divorced?

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

Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

I'm sorry to hear about the difficulties you're facing. Understanding your rights in this situation is essential to addressing the loss of your possessions and any potential legal remedies.

In New York, separation does not dissolve the marital relationship. While you and your wife...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: What is the most effective way to secure immediate spousal support through Family Court? Still married/no divorce action

I will be filing a petition for spousal support in Family court against my husband who just left (no kids/no assets). I currently do not have a place to live, and I only live off of part-time income of 20k/year. I am looking for more work, but I also attend school full-time. My husband makes... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

This is a repeat question from this asker.

The asker must retain legal counsel and file in her local family court a petition under an F-Docket.

The asker cannot appear without representation in a New York family court because of the inherent risks involved.

1 Answer | Asked in Divorce for New York on
Q: Is it worth asking for spousal support since I’m having a hard time finding a job?

I’d like to divorce my husband. We’ve been married two years. We had a DV situation almost two years ago which made me leave the state with our newborn son, with his knowledge. Is it worth asking for spousal support since we received no support for over 18 months and I’m having a hard time... View More

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

You've only been married 2 years and unless the economic disparity between the two of you are enormous, you would probably not be granted spousal maintenance. Discuss with a local matrimonial attorney.

2 Answers | Asked in Divorce for New York on
Q: do you have to pay alimony from your disability in a divorce in ny state
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 7, 2025

New York does not have alimony. NY has spousal maintenance which is based on a formula. Disability is not excluded. All income for both parties is put into the formula. Speak to an attorney.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Apply for spousal support in Family Court while married or wait 3 more months to file divorce? NYS

My husband and I cohabited for 7 years and were married 4 months ago. He recently left abruptly, asked for space, and gave up our rental without informing me while I was staying with family. He also took my jewelry, and I still had belongings in the house. There has been no contact since.... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025

This series of legal questions are best answered by an attorney after a detailed discussion of more facts of this asker's case. We really cannot conclude with concrete and effective legal advice as to which court to file for something based on a man's departing a home, taking jewelry and... View More

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2 Answers | Asked in Divorce for New York on
Q: How can I get divorced free

I'm tired of my husband screaming at everyday all day and arguing with me none stop

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you are indigent, local legal clinics and legal aid societies may assist you, but they are swamped. If you are able to get an uncontested divorce, you could opt to do it yourself, as all the paperwork is on-line via the Office of Court Administration website. Also, you may call the local bar... View More

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1 Answer | Asked in Divorce for New York on
Q: I'm looking for a free or pro bono attorney for a divorce. I believe this will need to be an uncontested divorce.
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2025

This is not my area of practice, but you're awaiting a response for three weeks. Until you're able to speak with a divorce attorney who is knowledgeable about what's out there in terms of resources, here is a link to a page on this Justia website...

New York City Divorce...
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1 Answer | Asked in Divorce for New York on
Q: If both parties agree to divorce, have been living apart and singed a notarized letter can they file uncontested divorce

If they have a child who is under 21,but custody and everything is already established

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 25, 2024

Uncontested divorce only means that one party files for the divorce and the other party does not answer the summons and complaint.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you file for a Uncontested divorce if you have a child under the age of 21 If you and the other party agree to divor

If me and my Hopefully soon to be ex-husband have an agreement and have it notarized that we agree upon a divorce and there’s no assets to be sat child custody, and everything is already taken care of and no spousal support being asked or assets that need split And have it notarized by a notary... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 25, 2024

You can file for an uncontested divorce but you need to file the proper paperwork with the appropriate language. Also, a simple notary is insufficient. The agreement has to have an acknowledgement. You should hire an attorney to do the proper paperwork.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Hi my name is glory-now we want to get divorce after 17 years.can I get the alimony? And the pension?Thank you!!
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 15, 2024

NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More

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1 Answer | Asked in Divorce for New York on
Q: My Spouse started a divorce online using onlinedivorce.com program

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

David P. Badanes
PREMIUM
David P. Badanes
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.

3 Answers | Asked in Divorce for New York on
Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of... View More

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2 Answers | Asked in Child Custody and Divorce for New York on
Q: My husband and I would like an amicable divorce
David P. Badanes
PREMIUM
David P. Badanes
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.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: How does divorce work if married in 2 countries with the same person?

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 ?

Norka M. Schell
Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024

Thank you for reaching out. The divorce process for your parents will involve considering the laws of both the United States and Mexico.

Since your parents were married in Mexico and also obtained a marriage license in the United States, it's essential to determine which country's...
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