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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: I filed an uncontested divorce in Feb 2019. Need the divorce decree for my (immigration) green card extension in Nov.

Checked with the clerk last week, it is still pending and nothing need to do.

Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from USCIS'?

One... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 15, 2019

The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.

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1 Answer | Asked in Divorce for New York on
Q: My husband and i split up 5 years ago nothing legal yet. I stayed in the house with our 2 children he moved in with his

Parents rent free. He pays child support. My question is can i get more from the sale of the house when we sell because i have paid for everything for 5 years on my own, mortgage, taxes, maintenance??

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

You should be able to get what you paid down on the mortgage, anything beyond that is either something you have to agree on in the divorce or has to be decided by the judge at a trial.

2 Answers | Asked in Civil Litigation, Divorce, Personal Injury and Federal Crimes for New York on
Q: i was married on 4-25-2014 and my wife is and correction officer who had her job or her job had her put me in dummy

book against my will they came into my house on 11/19/2014 pull a gun out on me because i was video taping him asking him what reason did he just enter into my home he states i was call long story short they took me out my home and tried to kill me in a public hospital with hand cuffs on behind my... Read more »

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Firtst, you wrote in a run on sentence so it is not clear what you wrote

I have no idea what a dummy book is

Second, stop making public statements

Third, if you want a lawyer, then call one.

Do not expect lawyers to respond to your public announcement

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1 Answer | Asked in Divorce for New York on
Q: how to structure a will when you know there will be a divorce down the line? WIll it help to move to PA?

My wife has we believe borderline personality disorder (possibly aspergers) although she is an HR manager. Every year for 2-4 months ...last year it was heavy drinking, screaming to my 5 yr. old and I that she had another family she was going to leave me and take my daughter with her. My now 6yr... Read more »

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

Anything you get from your father is separate property as long as you keep it in an account in your name alone. Anything that goes to your daughter is hers and ideally can only be used for her benefit until she is 18 when it becomes hers. As for custody, based on what you have said, you have a... Read more »

1 Answer | Asked in Divorce for New York on
Q: Divorce papers signed by my daughter, not yet signed by a judge. What can she do to change settlement.

My daughter assaulted her husband while drunk. He served her papers in jail after four months. She has to serve a minimum year. He hinted at writing a bad letter to parole. My daughter was suffering from anxiety at the time and was scared. Since being incarcerated she is on medication and has... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 2, 2019

She can write a letter to the Judge indicating that she needs an assigned attorney and that she signed the papers under duress.

1 Answer | Asked in Divorce for New York on
Q: I married a Philippine citizen on a K1 fiancee visa 6 months ago, she wants to leave and go home. The divorce will be

uncontested and there is no support or property to disperse, can I get an annulment, or do I need to get a divorce

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 29, 2019

you have to do an annulment due to the short marriage.

2 Answers | Asked in Divorce for New York on
Q: My wife filed for divorce under not being able to fix the marriage in the last 6 months but how do you determine the tim
Nina Mironenko
Nina Mironenko answered on Sep 26, 2019

Your wife's testimony that the marriage was irretrievably broken for at least 6 months prior to her signing the complaint is sufficient to establish that ground for divorce. It does not matter if you deny it, her attesting or testifying to that is sufficient.

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2 Answers | Asked in Divorce for New York on
Q: how long after separation can i file for a no fault divorce?

no kids, cars or house are involved. I am moving out on oct 1st, 2019. I would like to file a no fault divorce for irretrievable breakdown in relationship for a period of at least 6 months. we have been married for 6.5yrs and my husband is not willing to work on us still after all these years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 22, 2019

You don't have to wait at all. You can file at any time, including while you are still living together based upon irretrievable breakdown of the marriage. Either see a lawyer immediately or get a do it yourself packet from your nearest Supreme Court or get all the forms and instructions on line.

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2 Answers | Asked in Divorce for New York on
Q: Hi I’m looking for someone that can help me with a quick easy divorce in my area.

I don’t know the first step in divorce. We have been separated for three years, have two kids, no courts involved, no child support. We are civil with one another, work well with our kids and have nothing to share/split from married but our kids.

David P. Badanes
David P. Badanes answered on Sep 19, 2019

You can call any Divorce (Matrimonial) Attorney that handles "simple" uncontested divorces. You should be able to do a Google search for that.

I handle simple uncontested divorces in Suffolk and Nassau Counties.

My phone number is 631-239-1702 or my email is david@dbnylaw.com.

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1 Answer | Asked in Divorce for New York on
Q: Separated for 20 yrs. I ignored all divorce papers.He rested. RJI & recently got a judgement of divorce. Can I appeal?

2 adult kids

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 11, 2019

Unfortunately, you cannot appeal the divorce as you defaulted. You may be able to open the divorce up depending on all the facts. I suggest you bring all the papers and information that you have to an attorney and discuss with him in his office.

3 Answers | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2019

Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I legally have to change my last name?

Can i still use my married last name even though it is ordered and adjudged that I am authorized to resume use of my prior surname

Nina Mironenko
Nina Mironenko answered on Sep 4, 2019

Yes, you may continue to use your married name. You can change your name to your maiden name, or any other prior surname at any time.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: I been married for 5 years. I just found out that my husband married me for papers. What are my options ?

1.I been married for 5 years. I just found out that my husband married me for papers. What are my options ?

2.Is his credit cards debt and loans taking while married are joined debt ?

3. How can I get support or alimony in divorce ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 1, 2019

Sorry for your situation. You can try to get an annulment of the marriage, get a divorce or stay married. If you opt for a divorce, your husbands debts and loans are marital debts if used for the marriage, if for something else it may be his debt alone, you would have to discuss that with an... Read more »

1 Answer | Asked in Child Support and Divorce for New York on
Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?

He stopped paying when the son was 18 y o.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2019

The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.

1 Answer | Asked in Divorce for New York on
Q: my ex-wife has refused to send me the finalized divorce papers. How do I find out if my divorce has been finalized?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 18, 2019

You can ask your attorney or you can call the county clerk and ask. If it has been finalized, you can send a check to the county clerk and they will send you a copy of the papers. Be sure to ask how much to send as the charge is $1 per page.

4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on
Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2019

Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or... Read more »

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1 Answer | Asked in Divorce and Family Law for New York on
Q: I have a finalized divorced from Bronx County Court, may I move to NJ without going through court?

I am the custodial parent and child resides with me and has resided with me since separation. House address is 17 miles away.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 8, 2019

The answer to that question depends on what your Judgment of Divorce says and what is in your Stipulation of Settlement. Most often there is a radius clause in agreements that specify how far you can move. In most cases, this precludes a move to another state. The best way to be sure that you... Read more »

1 Answer | Asked in Divorce for New York on
Q: I've been married 30 years. my wife packed up to leave me & move to Puerto Rico.

She abandoned me gone 5 years, I do not have small children. Now she wants a divorce. If she files out there do I have to fly out there if I decided to contest it? or does she have to come to New York if I file

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 7, 2019

Whoever files first will have jurisdiction in that place.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: Per divorce decree, parents agreed to cover child's college expenses, including room/board.

If one of the parents later refuses to cover the agreed pro rata share of child's college costs, what legal recourse is available to the paying parent? Will the courts uphold the agreement that was ordered and adjudged per the divorce decree?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 6, 2019

The parent has to bring on an enforcement/contempt action either by petition in Family Court of by Order to Show Cause in the Supreme Court. Either court will uphold the agreement.

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