This is a question for an English attorney as the parties and children reside in England and English law would apply.

The settlement belongs to your late husbands' estate. The estate should collect what is owed and then dispurse it pursuant to his will.

You would be entitled to equitable distribution regardless of where you live. Equitable does not necessarily mean equal however and credits for paying the principle of the mortgage might be considered. Talk to a lawyer.

The Domestic Relations Law essentially says that anything acquired during the marriage is considered marital property, regardless of whose name the title is in, and makes that property subject to equitable distribution (this is how property is divided in a divorce). If you were to move, it would... View More

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answered on Jan 29, 2022

Without stating for what purpose, we really don't know how an asker can prove he lives alone. If this is for a court proceeding, the asker can simply testify he lives alone.

An RJI is necessary for all legal actions. The agreement you signed is not the divorce judgment. You need to submit the appropriate legal papers, including the RJI. Contact an attorney.

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answered on Jan 25, 2022

Court policy places undue pressure on the man to surrender his money and property and future earnings to the woman. Typically, the first to go are the children which the man loses followed immediately by child support. Then come the real and personal property awards. In some courts, for example in... View More

You can if you have lived in NY for 2 years or lived here for 1 year and the cause of action occurred here.

The court requires the recipient of a signed judgment to notify the other side that it was entered. That is the notice of entry. A notice of settlement is supposed to be sent when the proposed judgment is filed to be signed.

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... View More

You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.

No - if there is ever a question (which is unlikely) your judgement of divorce shows your married name. Additionally, the children still have the family name.

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... View More

If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.

The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of... View More

The answer depends on whether or not the 529 plan was part of the "college fund" that you mention in your question. If it was part of the agreement, your ex will be responsible for 12.5% of the college fund PLUS his 50% of the tuition each year if he depletes the account.

A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.

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answered on Nov 1, 2021

We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with... View More

The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.

Is that agreement in your divorce stipulation? If so you can file a contempt proceeding. If it is not in your divorce stipulation you may not be entitled to anything. Talk to a lawyer.