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New York Divorce Questions & Answers
0 Answers | Asked in Divorce for New York on
Q: What if you don't have the funds to get divorced? Can you file for a permanent separation on your own?

How much does it cost with or without a lawyer? There are no children involved

0 Answers | Asked in Divorce for New York on
Q: It’s seems like somebody is trying to serve my mom legal papers but my mom doesn’t speak English just Spanish and …

The person serving the papers only speaks English and the papers trying to serve are only on English does my mom still have to accept the papers ?

1 Answer | Asked in Divorce and Estate Planning for New York on
Q: New York-post nuptial agreement. has date and signature of spouses. Not notarized. Is it invalid

Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?

Michael David Siegel
Michael David Siegel
answered on Mar 6, 2024

Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Divorce for New York on
Q: I am in New York, I pay my ex-wife spousal maintenance. She remarried do I have to continue to pay her maintenance.

In divorce agreement it says I have to pay until December 2024. Shortly after her marriage her new husband died and left her a house and everything he owned.

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

I would have to see the exact language in the agreement. However, typically, once an ex-spouse re-marries, you no longer have to pay spousal maintenance.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

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

David P. Badanes
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David P. Badanes
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...
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2 Answers | Asked in Bankruptcy and Divorce for New York on
Q: Chapter 7 and divorce

I filed Chapter 7 in May last year. I am also getting divorced. I have a chapter 7 deposition coming up. Now creditor is asking for all the divorce documents including my children's social security numbers. Do I have to provide my children's social security number or is there a law... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2024

You have to provide that information.

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3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Howard E. Knispel
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Howard E. Knispel
answered on Feb 11, 2024

The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Had a child while married (not husband’s child), can I file uncontested divorce as there will be no issue of support?NYC

Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 24, 2024

The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.

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1 Answer | Asked in Divorce for New York on
Q: the law regarding my premarital home sale profits used as downpayment for a martial home. Can I get downpayment back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

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3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

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1 Answer | Asked in Tax Law, Divorce and Family Law for New York on
Q: How does my husband change my last name before we get a divorce as well as put stuff under my name tax returns go back y
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More

2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 28, 2023

A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Can I take my kids dad to child support court for not paying the agreement we had notarized only?

We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?

Howard E. Knispel
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Howard E. Knispel
answered on Dec 24, 2023

An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 23, 2023

He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Are all higher earning spouse always has to pay spousal support? Even in relationship abandonments situation?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’ve been divorced for 5 years. My ex wife still calls me to tell me my daughter is rude to her and I need to handle it

This has become harassment because it is constant. Is there anything that I can do?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More

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