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New York Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: What is my legal obligation to answering the phone of my abusive wife since we have a kid together
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 6, 2023

You have no obligation to answer the phone.

1 Answer | Asked in Divorce for New York on
Q: Do I have to vacate my house if my spouse doesn’t want me to live with her anymore?
Howard E. Knispel
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Howard E. Knispel
answered on May 30, 2023

You do not have to vacate the marital residence absent a court order. You have as much legal right as your spouse. However if she claims it is unsafe for her to live with you she could attempt to obtain a court order. Speak to an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2023

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More

2 Answers | Asked in Divorce for New York on
Q: I need to get a divorce but I don’t have an address for him going on a year

He abandoned me over a year and I need closure

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 24, 2023

That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.

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1 Answer | Asked in Divorce for New York on
Q: Can i get free uncotested divorce filing help . I am on snap benefits. Thank you
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2023

This is something that the divorce attorneys on this forum would know best, but your question remains open for three weeks. Until you're able to speak with attorneys who are knowledgeable in this area, here's a link to a page on this site that lists some resources. Good luck

New...
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1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for New York on
Q: What is the harshest punishment someone can get in NYS for willful non payment of child support?

If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.

Without getting into the utterly incompetent...
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1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I'm disabled and can't get to a court to file separation or divorce papers. What can I do to file
Howard E. Knispel
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Howard E. Knispel
answered on May 11, 2023

Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.

1 Answer | Asked in Divorce for New York on
Q: Hi! I would love to know how I can find pro bono divorce lawyers in NY. Thank you!
Tim Akpinar
Tim Akpinar
answered on May 20, 2023

This is something that the divorce and family law attorneys here would know best, but your question remains open for three weeks. Until you're able to consult with attorneys who are knowledgeable in this area of law, here is a page to Justia's resources, located at a different part of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Looking into how to get a divorce in Columbia county New York when I have no income.

I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al

2 Answers | Asked in Divorce for New York on
Q: What can be done about ex-wife not changing name back to maidan name?

Its in the divorce agreement and its been almost 3 years since the divorce has been finalized.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 24, 2023

Absolutely nothing. A spouse MAY resume their prior name but there is no requirement they do so.

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1 Answer | Asked in Divorce for New York on
Q: My ex husband stopped paying my spousal support, my health insurance policy and reduced his life insurance, what can I d

He has been withholding payments for a couple of years. My children get financial aid for college because I don’t have an income, but I am responsible for room and board, he found my eldest a one bed apartment because he knew I was solely responsible for board and food. I was forced to move back... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2023

Much depends on the wording of your divorce. Spousal support ends on a date certain as spelled out in the divorce. Child support ends at 21 or upon emancipation. If he is in violation then a court case in Family Court should not cost the numbers you are being quoted. What county is this in?... View More

1 Answer | Asked in Divorce for New York on
Q: Me and my wife are separated and I see kids on my day off. Without a court order can she refuse to let me take them?

My youngest has a fever and she says he can’t leave the house.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 16, 2023

Without a court order your rights are not spelled out. You need to go to court for an order. Soeak to a lawyer.

1 Answer | Asked in Child Support and Divorce for New York on
Q: If I pay child support by mutual agreement not through court. Does that money count towards mortgage etc

Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 12, 2023

Child Support and mortgage payments are not related unless a court order specifically says so.

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am in NY. My husband filed and served me divorce papers. I do not want the divorce and therefore don’t want to sign.

He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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1 Answer | Asked in Divorce for New York on
Q: My husband sent me divorce papers I signed them. Do I have to go to court with him for this to be ended?

He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.

1 Answer | Asked in Divorce for New York on
Q: What is name of official divorce form i need to start collecting a pension. The company is not excepting my divorce docu

I have judgement of divorce which company isnt excepting so i can collect my pension as single

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: I am in an abusive marriage with two little kids and no financial means to pay a retainer, I need help and advice, thank

I need a protective order and divorce help please

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Feb 26, 2023

If you are in immediate danger call 911

The National Domestic Violence Hotline is 800-799-7233

Safe Horizon contact is 1-800-621-HOPE (4673)

There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)

212-400-6470...
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1 Answer | Asked in Divorce for New York on
Q: I’m married 35 years husband out of house 2 years living in NJ with a 30 year old who is married got her pregnant ,

Has not paid my Morgage or giving a dime . Has a company he has not paid taxes on in 20 years cashed checks with a Ein # not legal what do I do

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 20, 2023

You should see a divorce lawyer. Depending on your respective income there can be an award of spousal support.

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