Get free answers to your Divorce legal questions from lawyers in your area.
My estranged husband and I were both listed on the title of our mobile home. Before selling it, we discussed that he would not receive any of the earnings from the sale, and he agreed to this when signing the bill of sale. We are not currently going through a divorce or legal separation. I have... View More 
I am an immigrant with a work permit and Social Security card. My husband, who filed for asylum, is divorcing me because he has another family. I have two kids. What will happen to my immigration status and my children during this divorce, considering my work permit might be tied to my... View More
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answered on Apr 21, 2025
If you were included as a dependent on your husband's asylum application, your work permit is likely tied to his status as the principal applicant. A divorce may jeopardize your derivative asylum status and could affect your employment authorization. Depending on the outcome of your divorce... View More
I co-signed a mortgage for a co-op apartment with my ex-wife during our marriage. The apartment was awarded to her by a Divorce Decree in 2016. However, she is now about to default on the mortgage and won't respond to my calls or texts. I'm concerned I may also be held responsible for the... View More
I want to get a divorce after being married for 4 years to a German citizen. We got married in the United States, and she currently lives in Germany while I reside here. We have no children or shared properties, and she has not been in the U.S. for over a year. Since March last year, we have had no... View More
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answered on Apr 4, 2025
The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I have been served with divorce papers in New York. We have one child, and there are disagreements with the terms. My spouse wants me to cover medical and dental expenses, and she has requested to remain my beneficiary. She is also asking for maintenance fees and for me to pay court fees. We have... View More
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answered on Mar 29, 2025
The asker can try calling around law school divorce clinics, but finding and retaining a qualified divorce attorney will not likely happen free of charge.
Providing legal services for one person is not pro bono publico.
I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I have been divorced from my ex-wife for 5-7 years, and we remain on good terms. I live in a separate house with my two sons and our dog, and my sons are with me 5-6 days a week. My ex-wife suggested that I claim head of household for tax benefits, but I'm unsure if this will primarily benefit... View More
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answered on Apr 3, 2025
Head of household filing status has two main advantages over filing single or married filing separately—more taxable income falls under lower tax brackets and there is a higher standard deduction.
As for how to advise the asker, we simply cannot. We know nothing of his finances. We do not... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 14, 2025
It appears you are in the middle of a divorce and still living together.
First, I would request my Judge issue an order that there be no cameras or recording in the home or property.
If the camera's do not go away, you have a Court order you can move to enforce of bring on a... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
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answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
How does a judge finalize a divorce without the defendant signing the Affirmation of Defendant in an action for divorce? The defendant was dissatisfied with the stipulation of settlement as he sought legal fees from the plaintiff, but the defendant's attorney ignored this request, and the... View More
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answered on Mar 13, 2025
I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally... View More
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 13, 2025
I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... 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 13, 2025
I understand that discovering your wife’s prior marriage has created a lot of confusion and concern, particularly regarding the validity of your marriage and the division of assets. The situation you described has legal implications, and it's important to clarify the status of your marriage... 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 Mar 13, 2025
I understand how complicated and frustrating this situation must be, especially with your name still being on the car loan and title. In New York, the law governing car loans, titles, and property rights can be tricky, especially when there are multiple parties involved in the loan and ownership of... 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
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answered on Mar 13, 2025
I understand how frustrating and concerning this situation must be, especially given the significant impact these withdrawals could have on the equitable distribution of marital assets in your divorce. In New York, the Automatic Orders that apply in divorce proceedings serve to protect both... View More
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
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answered on Mar 13, 2025
I understand that this situation must be difficult, especially as you navigate the complexities of both your immigration status and marital separation. To address your concerns, it’s important to look at both the requirements for U.S. citizenship and how your situation, involving a long... 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
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