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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: Divorce records in NYS

Hi, so my boyfriend was divorced twice. First divorce was filed in NY, the second marriage occurred in California and he was filed the papers from California while he lived in NY. Would both of these show up on his marriage license in NY when we plan to get married?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 4, 2019

They should not.

1 Answer | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Difference for Living apart or separately after submitting citizenship application

My cousin got her 10 years green card through marriage with a citizen husband. After she submitted the citizenship application from Brooklyn, New York, her husband has to move to Texas for work for 1 year, but she wants to continue staying in Brooklyn. If they just live in different cities, fly and... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

As long as there are no other issues or red flags, this shouldn't be too bad of a problem. BUT - I STRONGLY suggest she invests in a consultation with a good immigration attorney who is experienced with family and divorce issues so that the attorney can thoroughly screen her for any possible other... Read more »

2 Answers | Asked in Divorce, Family Law and Small Claims for New York on
Q: How do I violate/file against my ex for not following our divorce decree to take my name off the mortgage?

2 years Divorced. Ex was awarded home in divorce decree. We (myself and he) agreed he could have the house provided HE pay all the transfer fees associated with removing my name from the mortgage. He even provided a notarized statement to the judge that he would remove me from the mortgage after... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 26, 2019

You need to file a post judgement divorce proceeding seeking enforcement and contempt

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1 Answer | Asked in Divorce for New York on
Q: My husband and me been separated for about 7 year and he dont want to sign the divorse paper wat can i do

We have 2 daughters together. And he havent take care them seens he left

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 25, 2019

Once he is served with the divorce papers, he doesn't have to sign them. If he doesn't respond to the papers you will get a divorce based upon his default.

1 Answer | Asked in Divorce and Elder Law for New York on
Q: I Live in NY and I am going through a divorce. I am totally handicapped and have no financial help from my spouse.

My lawyer states he cannot grasp the idea of my being handicapped because I am not in a wheelchair. He has not help me get any financial support thru the courts in one year. I am 66 years old. What can I do to be correctly represented as a handicapped person in my divorce?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 24, 2019

It sounds as if you need to consult another attorney to see what they say about the facts of your case and depending on those facts you may need to switch attorneys.

1 Answer | Asked in Divorce for New York on
Q: If SCJ grants withdrawal downward mod without predj. def waits 4 years to cross again, when does date start?

Def made a motion in family court, was denied due to phrase "in lieu of maintenance" def to pay $5400 / month to pay bills, he was also denied downward mod for CS. He reapplied to argue renew or vacate judgement of divorce in supreme, was denied but granted a hearing for downward mod. at hearing... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 21, 2019

Your question is very confusing. In general arrears accrue from the date they were not paid. They continue to accrue until the order is modified (if it ever is). If downward mod hearing was never had due to resp withdrawing motion, he can move for downward mod whenever he wants.

1 Answer | Asked in Divorce for New York on
Q: My wife is leaving me. We've been married for 10 months. She took all the animals before anything is set in stone.

She has bpd and multiple personalities. I'm pretty sure she did it to just collect alimony. No kids. Not sure what to do.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2019

It sounds like you need to see a divorce lawyer. The pets are "property" to be divided in the divorce. As to alimony, since it is a very short term marriage, if your wife were to get alimony it would be for a very short time.

1 Answer | Asked in Divorce for New York on
Q: Can you be verbally released from a part of a divorce decree?

My ex verbally released me from a section of the divorce decree stating that I was to pay half of all utilities and mortgage after a year. Would she be able to reinforce this? The time frame in the decree is when the home is sold, which it has not

Nina Mironenko
Nina Mironenko answered on Nov 18, 2019

No, any amendments to a Divorce Agreement or decree has to be in writing with your signatures notirized.

3 Answers | Asked in Divorce, Tax Law and Real Estate Law for New York on
Q: Would I get hit with capital gains tax on house sold that I signed away in divorce settlement?

Signed away all rights to house in divorce, but spouse hasn’t and won’t refinance to take my name off mortgage. She plans on selling and I will get no money in the sale, would I get hit with a capital gains tax?

Michael David Siegel
Michael David Siegel answered on Nov 18, 2019

Not if all proceeds are reflected as going to her on the 1099.

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2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can I force refinance of mortgage, without divorce decree?

Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You have no options. Should have done a divorce decree. You can sue for partition to force a sale, and get the mortgage paid off.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Legal aid divorce

I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

They would be in the best position to advise you on that

2 Answers | Asked in Divorce for New York on
Q: What to do when I'm not receiving alimony

My lawyer died, I have no representation right now and I can't get a new lawyer until I can obtain my file from the firm. He was a sole practitioner so waiting to see who is taking over. Due to my lawyer passing away my future ex husband has decided to not pay his alimony and I'm unsure of what I... Read more »

Christine Moccia
Christine Moccia answered on Nov 12, 2019

You should consult another family law attorney to assist you.

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2 Answers | Asked in Divorce for New York on
Q: What do I do when my lawyer passed away right before divorce trial?

My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 12, 2019

Fax a letter to the Court - if need be the administrative judge and and also contact your local county bar association.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: co-owned vehicle in a divorce in NY State

I own a car with my wife that is fairly new, it is worth ~$23,000 and the loan remaining is $13,000. she wants to keep the car, and I am OK with that but want my name off of both the title and bank loan and I want to her to buy me out for the difference owed and worth divided in half ($5,000). 1)... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2019

The only way your name will come off the bank loan is if your ex to be takes out a new loan in her name alone or the current bank agrees to it (which is unlikely). As for the missed payment, you can make the payment and claim reimbursement for it as part of your settlement (as it affects your... Read more »

2 Answers | Asked in Divorce for New York on
Q: How can I get divorce in New York if my ex partner is in another country?
Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 1, 2019

In general, a divorce may be filed in the state or country where either spouse lives, provided the residency requirements are met. If you meet the residency requirements of New York, you can file here. Your spouse must still be served with the divorce papers, and service must meet both NY law and... Read more »

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3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 1, 2019

Sounds like it is a marital debt

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Do I need legal representation to recover my entitled amount of my ex husbands retirement?
Nina Mironenko
Nina Mironenko answered on Oct 24, 2019

If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: My mom in the middle of a divorce and passes away. no will. a restraining again my stepfather.

She had 5 children first three with her first husband last two with the stepfather. what are the children's rights and their inherit according to New York Law? dose stepfather had all the power over their real estate even with the active restraining order in place. Will he have all the power to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

The question is where were they in the divorce process. If they had come to an agreement, then that would control. If they were truly in the middle, then your mom is considered married retraining notice or not. Without a will, all the children would share in her estate according to law.

1 Answer | Asked in Divorce for New York on
Q: a man is being sued. If he & his wife get divorced (uncontested) he lets her take everything. Will her assets be safe?

he is not being sued yet but forsees it in the next year

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

If he expects to get sued he should get the divorce immediately. It would be up to a court to decide if the transfer was real or not.

3 Answers | Asked in Divorce for New York on
Q: Is "Request for Judicial Intervention" mandatory in an uncontested divorce in Manhattan, NY?

in February 2019 I used an agent to file an uncontested divorce in Manhattan, NY. I checked with the clerk a couple of times, they say it's pending and nothing to do. I checked my case on the "webcivil supreme - case detail" again, noticed both "RJI Filed" and "Justice" leaves blank. I'm not sure... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 18, 2019

An RJI does need to be filed. You normally do not need to wait from the beginning of the line again once you file any missing documents.

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