Get free answers to your Divorce legal questions from lawyers in your area.
Are these cases where the couple separates and they were never married counted in the divorce rates?
Our relationship is irretrievably broken and my spouse and I agree on all terms of the divorce and intend to file pro-se (without an attorney.) We have a child. Is there an advantage for being a plaintiff (eg. a plaintiff has a right to kick the defendant out of the house?) or there is no... View More 
my parents have been divorced for 6 years and my mom's house does not feel like my home. also, my mom has full control over my savings account and I'm worried she will take all he money out
After I immigrated to USA with my 2 year old child (3 years+ marriage), my husband started physically abuse me and my son (for his typical toddler tantrums or messing the house). He abused me several times before in my home country in my parents house and he is not mentally stable. He did the same... View More
They transfered the funds ti the USA.My husband ha shis money in an account in NYC.In a divorce.Can I claim part of that money?
answered on Jun 16, 2024
It sounds as if your initial case was closed and then later on the clerk made a note. You should double-check with the clerk/Court or the Judge.
We were married in 1991 in CA and have grown children, no property and the divorce would be uncontested. I have lived in Dutchess County since July of 2021. There are no assets. I have student loan debt that was taken out in my name for our child's college, but I might be willing to take that... View More
answered on Jun 16, 2024
If you want to get divorced in California you need to post this in a California forum. You will need to make sure you have jurisdiction in California.
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
They moved in together after 5 months. Her 2 boys are 16 & 7. Our kids are 11 & 6 (our 11 yr old is a boy and 6 yr old is a girl). Her youngest is autistic. (This isn't a huge issue but I work healthcare and have seen different spectrums of autism; i don’t know if he has difficult... View More
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answered on Jun 9, 2024
We are not family court judges set up to decide matters of sleeping arrangements of children. We can educate perhaps to a limited extent as much of what we say sounds incredible. The law has evolved substantially in recent years, and the ends justify the means in many cases.
As for the... 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
My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?
answered on May 28, 2024
Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More
Internet addiction to the research of the strawman stuff;
answered on May 16, 2024
There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent. (c) Party a mentally retarded person or mentally ill person. (d) Physical incapacity. (e) Consent by force, duress... View More
answered on May 12, 2024
This is something that a divorce attorney would know best, but your question remains open for two weeks. Here's a link to a page on this site:
https://www.justia.com/lawyers/divorce/new-york/legal-aid-and-pro-bono-services
Some of the resources on that page look like... View More
We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... 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
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
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?
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.
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
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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
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.
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.
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
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