In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... Read more »

answered on May 2, 2022
As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.
An uncontested divorce means both sides do not contest a distribution of... Read more »
We haven't been together since 12/2011 and we weren't married even a year. Child support and custody are already done and we have no shared assets or money

answered on Apr 28, 2022
You should try contacting Legal Aid to see if they will represent you.
RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***
My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

answered on Apr 25, 2022
If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.
My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

answered on Apr 17, 2022
NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.
Property was stated to be sold by a specific date in the decree. Didn't happen. A year and 4 months after the date passed, she signed the deed over to me through a warranty deed. Now is threatening to go to supreme court.

answered on Apr 4, 2022
It depends on the agreement of the divorce or the court order. If she was entitled to a share of the sale, regardless of the deed being signed, unless there was a subsequent agreement in writing, or court order, then that is what is owed.
I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

answered on Apr 2, 2022
Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her... Read more »
Also I need an advice from well trained about divorce with a special need child for a future single mother. Please let me know. Thank you for your help!

answered on Apr 2, 2022
Such a request may go unanswered. Divorce requires an assumption of risk by the attorney that can cost plenty. Sanctions are freely administered by judges, and lawyers will not fund sanctions for the pro bono client. Experts may be needed, and again, lawyers will not fund those.
We also do... Read more »
I would like to divide my 401k and give my ex her portion asap. We are in our 50s and live in NY. The divorce decree states" the Wife shall be entitled to a Majauskas share of the husbands 401-k as of the date of commencement of the matrimonial action that was pending at the time such... Read more »

answered on Apr 2, 2022
The Majauskas formula is 50% × years of service credit accrued during marriage (numerator)÷ total service credit at time of retirement (denominator). As we are not told the date of marriage (presented by way of an assumption of 30 years), the asker can do his own math.
Causing money from... Read more »
I married a woman in November/2021 we never lived together and We are not in communication. I need help because of this situation I don’t even know how to file my income tax/2021
Please advice
Thank s Ana Fernandes

answered on Mar 14, 2022
The asker should retain an accountant to do her taxes and should retain counsel to prosecute her divorce. All of the legal nuances written into New York's divorce law require professional assistance. There is no way to self-prosecute without making huge, life-impacting errors.
A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

answered on Mar 10, 2022
You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.
We've been married for 15 yrs, and have a son together. He filled out the affidavit as me and I do not agree to what he put on the form so he can file for a divorce.

answered on Mar 8, 2022
DO NOT SIGN. See an attorney to find out what your rights are. You do not have to sign anything. You have rights and you do not need to be bullied into signing anything.
But everything went down with the corona virus situation., no more entry,but I did not have contract with her. What should I do? Can she actually sue me?

answered on Feb 21, 2022
If you had a divorce agreement or settlement that said that you were going to pay her $8,000 for the business, then yes you owe her the money and she can sue you. You took the chance of what would happen with the business - good or bad.
We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... Read more »

answered on Feb 18, 2022
You can file your taxes seperately. What you do is file as married filing seperately. Talk to your tax preparer about that. To do a seperation agreement you should consult with an attorney. However, if you want to get a divorce, you should do that as depending on circumstances you will do a... Read more »
If a United States Citizen gets married to a British citizen. Both now live in England, having now two children. A divorce is in the question, who has authority over the children?

answered on Feb 10, 2022
This is a question for an English attorney as the parties and children reside in England and English law would apply.

answered on Feb 7, 2022
The settlement belongs to your late husbands' estate. The estate should collect what is owed and then dispurse it pursuant to his will.
Would I be excluded from equable share of property if I move out of our marital home if I consider divorce?

answered on Feb 3, 2022
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.
Also I’m in the process of moving out would this be considered abandonment and could exclude me from getting my share of our home or other properties?

answered on Feb 2, 2022
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... Read more »

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.

answered on Jan 27, 2022
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.
My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »

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... Read more »
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