prepared by an attorney during mediation. I have full custody of our daughter and child support order, we sold the marital home and proceeds split we have no communication at all. I have bought a new house and i want to go ahead and file my final divorce. Can i do this on my own using the diy... Read more »
After being awarded ownership of a second home in New York, my friend got rid of some property of his ex-wife after one year. While going through the divorce both were told they were not to remove any items from the home but she came SEVERAL times without permission and took some items she wanted.... Read more »
Was there a specific list of items that werre deemed hers? Normally there is a deadline for a person to remove personal items from the property or they would be deemed abandoned. If that was not there, then this is a problem. He should not have disposed of any property without, at least, sending...Read more »
I have talk to my husband about divorce he said under no circumstances will he do that. The living situation is unbearable, abusive ( mostly emotionally) and uncomfortable. I can't live like this. Can I leave before filing. How does having a kid complicate this.
You do not need your husband's permission to get divorced but it means it will be contested. You do not need anyone's permission to leave the household, however if you take your minor child with you, this could be a problem. You should make sure you have a really good reason to take...Read more »
I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?
The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.
I wouldn't leave my wife with nothing. I'm the only one who makes income. She has no income and cannot prove how she made the money in her account. All of the money is in her account. She believes I will not be able to have any of it. Is this true?
Any monies in any account after the date of the marriage is "marital" money unless the holder can show that it came from separate property. Based upon what you have indicated, the money would likely be split depending on all the factors of the case. I would suggest that you do not put...Read more »
I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »
I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions...Read more »
Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »
This is not allowed under NY attorney ethic rules. Unless you retain an attorney to act as a mediator and then have that attorney draw up divorce papers and a separation agreement incorporating the terms of your agreement. In that way, the attorney is not representing you or your spouse and that...Read more »
You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this...Read more »
You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.
The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.
You say it is on the "transcript", if it is on the COURT transcript then the court should modify the order and there is nothing to sign. It the transcript is something else it probably doesn't comply with the requirements to modify an agreement. You should take it to a lawyer and...Read more »
If you are seeking to do the divorce on your own, you can either download the required documents and instructions on the NY Courts website or go the the Bronx Supreme Court and pick up a pro-se divorce packet (which contains the forms and documents). If you are looking or a lawyer, call the Bronx...Read more »
The problem you will probably run into is that your divorce agreement probably has a clause that says the agreement can only be modified by a writing acknowledged in a certain way. If you didn't follow that requirement, you probably won't win.
This is something that the divorce attorneys here would know best, but you await a response for four weeks. There are some resources listed here on Justia under the heading, "New York Divorce Legal Aid & Pro Bono Services." Here is a link to the page on this site:...Read more »
If you agree to change the stip, it would be an agreement, but it does not change the court order. For it to be totally binding you need to get the stip "so-ordered" by a Judge. Contact a local attorney.
I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »
Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick...Read more »
My husband filed divorce papers for through the NYC DIY service. I was served the paperwork and the place, date and time of marriage is incorrect. We legally married in a court house in NY but he stated that we were married at a beach how will the affect our divorce. If I sign the papers will we... Read more »
He can amend the papers or you answer the papers with your own action for a divorce including the correct information and submit what you want in any decree. At that point, your husband can agree to what you have asked or the two of you can appear in court and work it out quickly.
I dated my husband for 7 years prior to purchasing our home right before getting married he put down 250k from his personal bank account on our house I am on the mortgage and deed of the house in my maiden name. Shortly after purchasing the home we were married. I’m wondering how much of that... Read more »
There are way too many factors to consider in answering this question on this forum. He may be entititled to credits, or he could claim the house as non-marital, although with your name on the deed and mortgage it seems likely that there was transmutation, or co-mingling. You need to talk to a...Read more »
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