Get free answers to your Divorce legal questions from lawyers in your area.
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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 
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.
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.
We met in Brazil in 2007, and reconnected in 2011. He filled bankruptcy in NYC, went to Brazil to attest he loved me and convinced me to move to NYC later that year. Less than 6 months later, he proposed, but because of Defense of Marital Act, we only got married in 2013. My ex issued the first... View More
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answered on Nov 3, 2024
First and foremost the asker must retain a lawyer to represent her and guide her throughout her divorce. We cannot provide such a service here online. Secondly, the asker makes rather bombastic allegations that should appear in the pleadings prepared by her lawyer. Some facts are important while... View More
Will any money I may inherit go to him as well?
answered on Oct 31, 2024
No. Inherited money remains separate property as long as it is not comingled.
Jack
What recourse do you have to ensure you still have access to your children?
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answered on Sep 27, 2024
Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More
Need legal advice concerning this matter if that is legal
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answered on Oct 17, 2024
Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More
Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
Custody can be addressed in the Divorce case or you can file for custody alone in Family Court. Speak to an attorney.
I was divorced on October 2023 and had a notarized postnuptial agreement not honored during the divorce proceedings. The agreement was signed by both parties but the notary in error signed on a second page belonging to the parties involved and the notary, which we did not sign. Leaving the parties... View More
answered on Sep 8, 2024
A divorce agreement must be executed in a certain manner and contain certain language. If it does not it is invalid. You needed to have a professional prepare it properly for it to have been valid. Contact an attorney.
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
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).
It is the second time that the opposing counsel "the Plaintiff" sends messages to me "the defendant" in a matrimonial proceeding in Supreme Court Kings County NY that I should stipulate the court and request a 90 day postponement to our proceeding "let your attorney draft a... View More
answered on Aug 28, 2024
I have no idea. I would have to have all the information about your case.
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More
answered on Aug 17, 2024
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
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answered on Aug 12, 2024
Hire a NY attorney for file suit for a Sale For Partition.
Of my nephews since they are legally my blood relatives
answered on Aug 31, 2024
Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More
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
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