Get free answers to your Divorce legal questions from lawyers in your area.
If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.
answered on May 30, 2022
This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.
No legal action to enforce breached
stipulation agreement started and party affected not notified of filing
answered on May 29, 2022
A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.
answered on May 27, 2022
Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.
If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?
In this case... View More 
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answered on May 26, 2022
Even though there is a statute that presumes a need for counsel fees for the non-moneyed spouse (Domestic Relations Law §237), judicial expertise is needed once the non-moneyed spouse makes a motion for fees. Many judges do not know they can award counsel fees, and many judges use the withholding... View More
I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.
How successful will my spouse be? What would be the outcome? How many years can they get a report?
answered on May 24, 2022
She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.
i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"
I'm on disability. Spouse is the working party
Online calculator says $800/mo alimony
answered on May 6, 2022
If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.
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,... View More
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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... View 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... View 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... View More
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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... View 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!
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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... View 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... View More
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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... View 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
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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... View 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... View 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... View More
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