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New York Divorce Questions & Answers
2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 29, 2022

I think yes.

Jack

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1 Answer | Asked in Divorce for New York on
Q: My husband abandoned me seven years ago. II believe he is remarried. What should my course of action be?

I do not know where he resides. We do not own property together or have children.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »

1 Answer | Asked in Divorce for New York on
Q: change of Venuer

I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »

1 Answer | Asked in Divorce for New York on
Q: Alimony arrangements

Wife works; I'm disabled. Our adult daughter lives with us and will live with wife once we're divorced. Does my daughter's income figure in alimony arrangements? They'll have two incomes and I'm on disability.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 9, 2022

Your daughter's income doesn't have anything to do with alimony

1 Answer | Asked in Divorce and Family Law for New York on
Q: Does a NYC Court acknowledges a marriage via a religious contract?

I got married via a religious contract 2 years ago. Due to covid, we never got married via a civil court process. 6 months after the wedding, I left my husband anf decided to move on because he was very abusive (physically and verbally) and was cheating on me. He's now threatening me that if I... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 5, 2022

Religious marriages do not count as marriages unless the presiding minister/pastor/rabbi/imam is licensed by the state to marry people. Thus, if a rabbi/imam has the state licensure (as a judge or a clerk) to file marriage documents with the state, there is a valid civil marriage. Only civil... Read more »

1 Answer | Asked in Divorce for New York on
Q: What is Occupation Rent and When is it Awarded?

My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.

I feel it's... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jun 3, 2022

There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
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Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

1 Answer | Asked in Divorce, Contracts and Real Estate Law for New York on
Q: How to remove a pendency action , filed on a breached , non compliance and in contempt of divorce stipulation of 2016

No legal action to enforce breached

stipulation agreement started and party affected not notified of filing

Michael David Siegel
Michael David Siegel
answered on May 29, 2022

A notice of pendency expires after 3 years if not extended. A motion is required if a title company is requiring it, and the other side does not consent.

2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 27, 2022

Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.

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2 Answers | Asked in Divorce for New York on
Q: When in the process is the non-monied spouse awarded support by the monied spouse for an attorney.

If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?

In this case... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 26, 2022

Even though there is a statute that presumes a need for counsel fees for the non-moneyed spouse (Domestic Relations Law §237), judicial expertise is needed once the non-moneyed spouse makes a motion for fees. Many judges do not know they can award counsel fees, and many judges use the withholding... Read more »

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1 Answer | Asked in Divorce for New York on
Q: My spouse want to subpoena eBay and Paypal as part or discovery?

I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.

How successful will my spouse be? What would be the outcome? How many years can they get a report?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 24, 2022

She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.

1 Answer | Asked in Divorce for New York on
Q: What does RJI pending mean in uncontested divorce

No assets

One minor child

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 16, 2022

It means that the RJI hasn't been filed yet.

1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Divorce and Legal Malpractice for New York on
Q: What is the purpose of a Referee's report in a NY State divorce? Is Property Settlement based on referee's report?

In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 2, 2022

As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.

An uncontested divorce means both sides do not contest a distribution of...
Read more »

1 Answer | Asked in Divorce for New York on
Q: I just need help getting a divorce. I'm on disability and have a very limited budget.

We haven't been together since 12/2011 and we weren't married even a year. Child support and custody are already done and we have no shared assets or money

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should try contacting Legal Aid to see if they will represent you.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I need to "RJI" on this case or it is already taken care of? How can I know if RJI was already filed?

RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***

My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Apr 25, 2022

If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.

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2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 17, 2022

NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.

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1 Answer | Asked in Divorce and Real Estate Law for New York on
Q: Can your ex sue for half the profit of a sold property after she signed the deed over?

Property was stated to be sold by a specific date in the decree. Didn't happen. A year and 4 months after the date passed, she signed the deed over to me through a warranty deed. Now is threatening to go to supreme court.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 4, 2022

It depends on the agreement of the divorce or the court order. If she was entitled to a share of the sale, regardless of the deed being signed, unless there was a subsequent agreement in writing, or court order, then that is what is owed.

1 Answer | Asked in Divorce for New York on
Q: How is the Majauskas formula applied to divide a 401k through a QDRObefore retirement age?

I would like to divide my 401k and give my ex her portion asap. We are in our 50s and live in NY. The divorce decree states" the Wife shall be entitled to a Majauskas share of the husbands 401-k as of the date of commencement of the matrimonial action that was pending at the time such... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

The Majauskas formula is 50% × years of service credit accrued during marriage (numerator)÷ total service credit at time of retirement (denominator). As we are not told the date of marriage (presented by way of an assumption of 30 years), the asker can do his own math.

Causing money from...
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1 Answer | Asked in Divorce for New York on
Q: Can I find a trained collaborative divorce attorney as probono? I am Asian immigrant mom who has 2 daughters ( 6&10 ).

Also I need an advice from well trained about divorce with a special need child for a future single mother. Please let me know. Thank you for your help!

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

Such a request may go unanswered. Divorce requires an assumption of risk by the attorney that can cost plenty. Sanctions are freely administered by judges, and lawyers will not fund sanctions for the pro bono client. Experts may be needed, and again, lawyers will not fund those.

We also do...
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