Get free answers to your Divorce legal questions from lawyers in your area.
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 
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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.
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
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.
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.
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
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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
I'm tired of my husband screaming at everyday all day and arguing with me none stop
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
If they have a child who is under 21,but custody and everything is already established
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.
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
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.
I was forced to married at 18 years old I was legally married and I was forced to sign documents and family courtroom wife pressured me by using family courtroom to do her dirty work to take advantage of a husband that had a IEP and a boxing career she knew I wasn't intelligent and she just... View More
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
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
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.
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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 ?
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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... View More
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.
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