Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Sealing a marriage record from the public

I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.

(Edited for additional context): I am concerned with sealing from the public... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 7, 2024

In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: I and my spouse have custody of my nephews and we split up do I automatically get joint custody with primary residency

Of my nephews since they are legally my blood relatives

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 31, 2024

Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More

1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?

My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 17, 2024

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your...
View More

1 Answer | Asked in Divorce for New York on
Q: Can I enforce my ex to pay for our son's CIT camp training program based on the language of our agreement?

Ex refuses to pay for our 14-year-old son's CIT training program at the camp he has attended since age 5. He claims he agreed to pay for day camp "until 13 years old" and that son is "old enough to be on his own and doesn't need to be forced into a job so that [I] cam work... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Jun 16, 2024

When a Judge sees the word "reasonable" it should mean reasonable in the eyes of the general public and standards. My opinion is that given the language you quoted, as long as the cost for the CIT training is not excessive, it would seem that your ex would need to pay for it. However,... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you be legally married in 2 places?

My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?

John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Annulment in NYS grounds? ideology sovereign citizen extremism

Internet addiction to the research of the strawman stuff;

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 16, 2024

There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent.  (c) Party a mentally retarded person or mentally ill person.  (d) Physical incapacity.  (e) Consent by force, duress... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Hello I’m looking for information on a pro bono lawyer for a divorce
Tim Akpinar
Tim Akpinar
answered on May 12, 2024

This is something that a divorce attorney would know best, but your question remains open for two weeks. Here's a link to a page on this site:

https://www.justia.com/lawyers/divorce/new-york/legal-aid-and-pro-bono-services

Some of the resources on that page look like...
View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

View More Answers

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Apr 18, 2024

Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
View More

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

View More Answers

3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

View More Answers

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’ve been divorced for 5 years. My ex wife still calls me to tell me my daughter is rude to her and I need to handle it

This has become harassment because it is constant. Is there anything that I can do?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Are all higher earning spouse always has to pay spousal support? Even in relationship abandonments situation?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More

1 Answer | Asked in Tax Law, Divorce and Family Law for New York on
Q: How does my husband change my last name before we get a divorce as well as put stuff under my name tax returns go back y
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More

2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 28, 2023

A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More

View More Answers

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.