You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to...Read more »
The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »
It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what...Read more »
My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... Read more »
Home state refers to the last state where the children lived last for 6 months. As the children moved to FL in Feb. that is not the home state if they lived in PR for the previous 6 months. However, if neither of you live in PR then FL will be considered as the home state.
I filed for a divorce 8 months ago and I checked the e courts and it says there was a an appearance date April 29th that already passes, it says court date purpose : Conversion-Other , justice part: part 30 also the Date NOI Due: September 29th 2021.
E-courts is sometimes cryptic. Merely because it says there was an appearance doesn't mean there was one - it could be just a tickler in their system. That said, if the case is still uncontested, you need to file the judgment package along with the note of issue. Schedule a consult with a...Read more »
If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.
If you can agree on the terms of the divorce - e.g., equitable distribution, spousal maintenance, custody if relevant, etc. - through private negotiations with each other, then you may be able to proceed with the formal divorce process in an uncontested capacity. This can essentially amount to no...Read more »
I recommend you consult with an attorney to discuss the most appropriate strategy. Generally, a divorce starts with the service of a Summons on your spouse, but there are important considerations that you should discuss with an attorney. These considerations vary depending on whether there are...Read more »
I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday... Read more »
He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however...Read more »
No I have not I just got the letter in the mail my question is if you can help me or not I’m having trouble finding information I bring a four-year-old child into the marriage as I was a single father is biologicalWas deceased we then got married and now she wants to get joint custody is this... Read more »
You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.
They have been together 7years,lived together almost 5 years and married in 6/2020. January 2021 he doesn't want to be married anymore. She knows she can't afford the house alone and he won't go to counseling.
You haven't supplied enough information for a good answer. Since the house was bought together they each own the house. Based upon the limited information provided, your daughter should not move out at this time. It is highly recommended that she seek a consultation with an attorney where...Read more »
Merely filing the divorce does next-to-nothing. You'd then need to have the papers served, file an affidavit of service, and then submit the Judgment Package (assuming the other side defaults. You may wish to call a NYC Divorce Attorney for a full assessment.
You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it...Read more »
I'm currently under my mothers custody but I've experienced some abuse as a child and currently we have alot of issues. My dad can have me but he wants to know if there is anything I can do for my custody change.
Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?
Without reviewing the exact structure of your agreement, if it says your husband needed to buy you out, then it seems to me like - if you're disputing same - he'd need to produce evidence of the payment. That said, with something so significant, one would think there'd be a cashed...Read more »
You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.