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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: I have been living separate and apart from my husband just over 3yrs. We have a fully executed settlement agreement

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 22, 2020

If you feel you are competent enough to file the papers on your own then do so.

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2 Answers | Asked in Divorce for New York on
Q: Question regarding property after a divorce.

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 »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

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 »

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2 Answers | Asked in Divorce for New York on
Q: I want to divorce, my husband is aware but says he doesn't want to. The situation is unbearable can I leave ?

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.

Howard E. Knispel
Howard E. Knispel answered on Oct 18, 2020

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 »

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1 Answer | Asked in Divorce and Child Support for New York on
Q: If my income remains the same but my ex's income increases, can I pay less in child support?

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?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 16, 2020

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.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Who will get the money?

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?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 12, 2020

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 »

3 Answers | Asked in Divorce for New York on
Q: How long after I file for divorce using a lawyer, will my spouse get served ?
Howard E. Knispel
Howard E. Knispel answered on Oct 9, 2020

That's up to your lawyer, the process server and your spouse.

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1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

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 »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

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 »

2 Answers | Asked in Divorce, Family Law, Child Custody, Child Support and Immigration Law for New York on
Q: I have been married since 2015 and we have a child together—he is 5 years old.

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 »

Howard E. Knispel
Howard E. Knispel answered on Oct 4, 2020

You need to post this in the immigration forum, not the family law forum.

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4 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

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 »

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2 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: Good morning. I have a family court/order of protection case coming up on September 28. I can not afford an attorney

And was told I might not qualify for a free court appointed attorney. What other options do I have?

Thank you,

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

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 »

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1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: My ex-wife's partner is mistreating my children but not enough to involve CPS.

I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.

My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

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.

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

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.

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1 Answer | Asked in Divorce for New York on
Q: NYS (on transcript & email) ex agreed to lower my child support but won't sign modification pprwrk. what can i do?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

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 »

2 Answers | Asked in Divorce for New York on
Q: Hello i would like some information on a divorce and how to go about it
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

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 »

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2 Answers | Asked in Divorce for New York on
Q: NYS In a text last yr, ex and i agreed i'd pay lower college tuition amt. Now, ex is suing me to pay more. should i win?

ex acknowledges agreement. should our newer agreement supersede older divorce agreement? Should i win court case?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 28, 2020

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.

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1 Answer | Asked in Divorce for New York on
Q: I'd like to know what qualifies for a free or low cost divorce atty fees?
Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

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 »

2 Answers | Asked in Divorce for New York on
Q: if we agree to change one part of stip, years after the stip, is that binding?
Howard E. Knispel
Howard E. Knispel answered on Aug 27, 2020

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.

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

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 »

2 Answers | Asked in Divorce for New York on
Q: My husband filed divorce papers for through the NYC DIY service and messed up the info.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

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.

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2 Answers | Asked in Divorce for New York on
Q: Wondering how much of my husbands premarital down payment he put down on our house I’m entitled to.

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 »

Howard E. Knispel
Howard E. Knispel answered on Aug 18, 2020

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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