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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: It's been 3 months I called him to tell him I need to get my name off this house he has had scene 2009 to have had the

Orders done from the courts, I think I have gave him plenty of time to take care of this matter social security has informed me I have a Asset from this house so they put a hold on my account trying to see what I can do can I Sui him for all this there is still 500.00 of attorney fees I pd but... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jul 3, 2023

If this was a divorce order, you can file a motion to compell or contempt. Contact an attorney.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).

When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 23, 2023

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

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2 Answers | Asked in Divorce for New York on
Q: I filed a stipulation discontinuing action in my divorce under duress; is there any way to cancel the action and resume?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 22, 2023

You should immediately speak to an attorney about this as you will have to explain what happened and then file a motion in that regard. In the end, it will be up to the judge to decide if your explanation was good enough.

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1 Answer | Asked in Divorce for New York on
Q: My soon to be ex husband is getting married this weekend but our judge hasn't siged off on the divorce decree yet.

I was under the impression that we are not divorced until the judge says so..

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 21, 2023

If the judge already granted the divorce when you were in court then you are divorced as of that day. If the judge did not grant a divorce on the record in court, then you are not divorced until the judgment is signed.

2 Answers | Asked in Divorce for New York on
Q: If he has put the house up to purchase another place can he do so if my name is on deed and Mortgage we got Divorced in

2004 if not what can I do about this matter he has ruined my credit and social security has this a asset on me

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 20, 2023

It all depends on what the divorce judgment and/or the agreement you may have entered into says

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2 Answers | Asked in Bankruptcy and Divorce for New York on
Q: Can I file for bankruptcy without my spouse while we're starting an uncontested divorce process?

I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?

Carl Nelson
Carl Nelson
answered on Jun 19, 2023

You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More

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1 Answer | Asked in Divorce for New York on
Q: I got Divorced in 2004 he is to pay the rest of attorney fees he has yet 6%is to be added to balance is that everyday

Or month and a quick claim deed done by 2009 but now he can't refinance

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 19, 2023

The interest is added yearly.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: My husband file divorce October 26, 2022. He have a lawyer. He forcing me to mutually divorce. I need lawyer.

I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.

1 Answer | Asked in Divorce for New York on
Q: How long does a lawyer have ,once paid to file for a divorce.
John Michael Frick
John Michael Frick
answered on Jun 14, 2023

There is no statute of limitations on filing for a divorce. As long as the parties are still alive and married to one another, a divorce petition can be filed.

As between a lawyer and his/her client, any time constraints would be governed by the attorney employment agreement between them....
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2 Answers | Asked in Divorce for New York on
Q: Do I get less child support if my husband had another child while we were separted?

I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of... View More

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

Having a child support order involving another child would be a deduction from his income but you would still be entitled to a child support order for your children. Speak to a lawyer to go over your specific case.

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2 Answers | Asked in Divorce and Domestic Violence for New York on
Q: How does a divorce work in NY when intimate partner violence is occurring? Questions below.

I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 8, 2023

Your friend needs to file for an Order of Protection in Family Court. Have your friend contact an attorney.

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1 Answer | Asked in Divorce for New York on
Q: Can I keep my car parked at my house after divorce and still owning 50 percent until house is sold? Nobody is living in
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 8, 2023

If you are still an owner and no one is living in the house and there are no prohibitions in any court orders or any agreements you may have signed, you can park at the house.

1 Answer | Asked in Divorce for New York on
Q: can my spouse offer me money to sign a separation agreement
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 7, 2023

She can offer you money or anything else but you do not have to sign. Speak to an attorney to see if it is in your best interest to sign.

1 Answer | Asked in Divorce for New York on
Q: My spouse is demanding I sign a separation agreement and is attempting to give me money to sign it, is this legal
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 7, 2023

There is nothing illegal for offering a cash settlement for signing a separation agreement.

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
PREMIUM
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
PREMIUM
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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