Get free answers to your Divorce legal questions from lawyers in your area.
answered on Dec 15, 2024
NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More 
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answered on Dec 15, 2024
The pension in New York is governed by the Majauskas formula the months of the marriage over the months of employment x 1/2. Maintainance or alimony is governed by a statute analyzing both incomes and producing a a result. Get a good divorce lawyer and these beneficial legal rights will be... View More
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answered on Nov 14, 2024
Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of... View More
My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?
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answered on Nov 27, 2024
Thank you for reaching out. The divorce process for your parents will involve considering the laws of both the United States and Mexico.
Since your parents were married in Mexico and also obtained a marriage license in the United States, it's essential to determine which country's... View More
Need legal advice concerning this matter if that is legal
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answered on Oct 17, 2024
Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More
What recourse do you have to ensure you still have access to your children?
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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
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
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
Of my nephews since they are legally my blood relatives
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
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
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
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
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answered on Sep 6, 2024
If you cannot agree, you will need to hire an attorney to commence a Partition Action. It's like a foreclosure by the individual owners. Often these things get resolved after you file, but you should get all of your financial records together to substantiate your contributions and capital... View More
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
answered on Sep 6, 2024
Short of an agreement, the only option is a partition case in Supreme Court. There, the property will be sold like a foreclosure, and any fight over contributions to the property will be fought over after the sale and before distribution before a court appointed Referee.
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
answered on Sep 6, 2024
Dear Brooklyn Property Owner:
Because you and your co-owner seem willing to make a deal but cannot agree on 50/50 and do not know how to do so, I suggest you engage a local mediation law office to assist in reaching terms.
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
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
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?
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
Internet addiction to the research of the strawman stuff;
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
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
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
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
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
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
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
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
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
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
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