The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no...Read more »
There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are...Read more »
Wife works; I'm disabled. Our adult daughter lives with us and will live with wife once we're divorced. Does my daughter's income figure in alimony arrangements? They'll have two incomes and I'm on disability.
I got married via a religious contract 2 years ago. Due to covid, we never got married via a civil court process. 6 months after the wedding, I left my husband anf decided to move on because he was very abusive (physically and verbally) and was cheating on me. He's now threatening me that if I... Read more »
Religious marriages do not count as marriages unless the presiding minister/pastor/rabbi/imam is licensed by the state to marry people. Thus, if a rabbi/imam has the state licensure (as a judge or a clerk) to file marriage documents with the state, there is a valid civil marriage. Only civil...Read more »
My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.
There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support...Read more »
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.
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?
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...Read more »
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.
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,... Read more »
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 »
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.
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 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 »
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.
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.
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