Get free answers to your Divorce legal questions from lawyers in your area.
In our 2023 divorce decree, we agreed that each of us would claim one child on our taxes. Last year, we filed accordingly without any issues. This year, my ex-spouse filed first and claimed both children for the Earned Income Credit (EIC), stating his lawyer advised it was permissible because he is... View More 
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answered on Mar 5, 2025
The school solution here is for the asker to have her lawyer file an enforcement petition under and F-Docket in family court to receive a refund of the EIC payment made to the other. However, without more carefully reviewing the asker's divorce agreement, we really cannot opine as to what to... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
I got married in NYC and later discovered that my wife was still married in the Philippines five years before we met. Her mother was aware but kept it from me. I've since filed for divorce and have obtained full legal custody of our children. I'm concerned about the implications on our... View More
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answered on Mar 3, 2025
New York recognizes a cause of action referred to as an action to declare the nullity of a void marriage. DRL §140. This means the state will treat the couple as having been properly married only for the purpose of a division of property acquired during the marriage. This leaves the asker exposed... View More
I'm in New York and jointly on a car loan with my ex. We're both listed on the title, but the car is registered in her name. I have missed some payments, and she has already taken the car. Can she legally keep the car despite my name being on the loan and title?
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answered on Feb 26, 2025
There is not enough information here to answer this question. If the matter is not in any kind of court and the removal of the vehicle has happened privately to the parties, then a tort called a "conversion" has taken place and the asker can sue for conversion. The outcome will likely be... View More
I had a car accident 4 years ago and settled my claim, with the settlement funds being used for joint household expenses for my wife and me. My wife is still in the process of settling her claim, and we do not have a prenuptial agreement. We have been married for 33 years and are currently... View More
answered on Feb 26, 2025
It depends. If your wife's case is settled after your divorce is finalized, then the settlement proceeds will be considered your wife's separate property and not marital assets. Even if the case is resolved before your divorce, under New York Domestic Relations Law § 236, if the... View More
Equitable Distribution in NYS: My soon-to-be-ex spouse has been withdrawing $4,000 a month for the last 14 months from our joint marital money market account, claiming these funds are for living expenses. We have no court orders or agreements concerning the financial management of marital assets... View More
answered on Feb 26, 2025
You will have to show the court the withdrawals and your spouse will need to justify them. You may need to file a motion. Contact your attorney.
I got married in 1992 and obtained my green card through my spouse. In 2002, I discovered that she was cheating, and I moved out. We have been separated since then. I want to divorce her, but I cannot find her. I have continuously lived in the U.S. for 20 years and have looked for her on social... View More
answered on Feb 25, 2025
Not a problem. As long as you have your Green Card forat least 5 years. Also, you should contact a matrimonial lawyer. To a Notice by Publication divorce. Good Luck
I do not have any credit cards or shared financial accounts with my husband, and my only personal debt is my own. Our only shared asset is the house, which has a mortgage in my name, but he is the one who makes the payments. We do not have any prenuptial or postnuptial agreements. Will my personal... View More
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More
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answered on Feb 23, 2025
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the... View More
I signed a prenuptial agreement before my marriage. I am now considering divorce after being married for almost 2 years. The prenup includes clauses on separate property, earnings, and savings, but nothing specific about alimony. I moved overseas to join my husband on his assignment, which resulted... View More
answered on Feb 22, 2025
First of all it depends on the language in the prenuptial. Second, New York does not have "alimony". There is spousal maintenance. The formula is dependent on the length of the marriage as well as the respective incomes. A two year marriage will only have a very limited time frame for... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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
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answered on Feb 15, 2025
Financial abandonment is a claim that does not exist in New York. A parent can engage with his children or can be aloof from his children. Government cannot force someone to be a better parent. A litigant is free to refuse mediation as mediation is not mandatory in New York. The asker can document... View More
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
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
We will be filing no contest divorce, but does one of us have to live in California for six months before filing? Thank you.
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.
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
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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
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.
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
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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... View More
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.
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