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New York Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Support and Domestic Violence for New York on
Q: Where can I find a pro bono attorney to assist me until the divorce settlement is reached and assets are liquidated?

My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 4, 2021

Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can a QDRO be drafted and signed by a judge with just a separation agreement vs a divorce in NYS

This would be for a NYS Pension

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 14, 2021

If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.

1 Answer | Asked in Divorce for New York on
Q: If a father signs birth certificate and the child isn’t his can he still be made to pay support.

Thought the child was mine and found out a year later she wasn’t mine but i still Took care of her

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

It is difficult to answer your question as you say you signed a "birth certificate." If it was a birth certificate then more facts are necessary. If however you signed an "acknowledgment of Paternity," then under the law you are the "father" of the child and will... Read more »

1 Answer | Asked in Divorce for New York on
Q: I want to know if I am divorced? Because I have papers they saved me.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

If you were served with a Judgment of Divorce that is signed by a Judge, then you are divorced. If you received any other papers then you are not divorced. Take the papers to an attorney and ask them to explain what it is you received.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: 50% custody - who is paying for child support?

Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 3, 2021

In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.

2 Answers | Asked in Divorce for New York on
Q: How can I limit overspending from my spouse as I already filled for a divorce summons?

My lawyer submitted the Action for Divorce Summons mid June 2021. We still have a joint bank account and my spouse has her own account for her LLC.

Since our separation my spouse spend twice more money as I do. Our expenses are higher than our income. While the summons for divorce has been... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

These are all questions that should be discussed with your attorney as you retained one. Beyond that, the only thing that can be said is that if the expenditures were frivolous you may be owed a credit in the divorce.

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2 Answers | Asked in Divorce for New York on
Q: How can I re-enroll our child to her previous high school without my spouse consent?

Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

The parent who has custody makes the decision. Your only other option is to go to court to get a court order.

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?
Howard E. Knispel
Howard E. Knispel answered on Jul 22, 2021

Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

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2 Answers | Asked in Divorce for New York on
Q: Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for divorce in the us?

Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for another divorce in the us after the divorce is granted in another country?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 20, 2021

Once the divorce is granted overseas, she may not file for a divorce in the US. However, if the foreign court does not deal with custody or child support she can file in the US for those things. There may be additional things she can file for depending on the state in which she files.

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4 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

Howard E. Knispel
Howard E. Knispel answered on Jul 11, 2021

Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.

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1 Answer | Asked in Divorce for New York on
Q: Do I have to pay for dental care I provided as per my divorce agreement after I retire?

My divorce agreement states I will provide dental care to my ex and the child. I have done so for 40 years, and also to her new husband, their daughter, and now her husband. Now she wants me to pay for her care since I am retired. The agreement only states I will provide dental care for her and the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 7, 2021

The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello, is there a site that would specifically instruct me on how to fill out ny divorce papers?

It is uncontested.

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

Your question is best suited for the experienced divorce attorneys here. But your post remains open for two weeks. Until you're able to reach out to an attorney who is knowledgeable in this area, here is a link to the New York State Unified Court System's divorce resources:... Read more »

2 Answers | Asked in Child Support and Divorce for New York on
Q: My spouse refuses to abide by our divorce agreement and pay for what he agreed to pay, what court or recourse do I have.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 16, 2021

You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.

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1 Answer | Asked in Divorce for New York on
Q: Is there pro bono or reduced rates for inmates filing for divorce. I am a federal prisoner home release in New York.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to... Read more »

1 Answer | Asked in Divorce for New York on
Q: I had a Pende lite with an Order to Show Cause granted by the Supreme Court Judge overseeing my divorce.

The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what... Read more »

2 Answers | Asked in Child Custody and Divorce for New York on
Q: I’m on the verge of divorce

My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... Read more »

Howard E. Knispel
Howard E. Knispel answered on May 19, 2021

You should file for custody in Family Court if you too are separated. Otherwise you need to file for divorce with an immediate Pendente Lite motion. Talk to a lawyer.

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1 Answer | Asked in Divorce for New York on
Q: My wife and I are splitting up. She says she's throwing me out, I say I was leaving.

I am staying with my parents. Can I go rent my own apartment? Can I remove my own personal property from our apartment to take to my new place? Things that were mine before we were married?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 13, 2021

You may remove whatever you want but just be aware that if your wife calls the police they will tell you that you have to leave it and work out who gets what in the divorce.

1 Answer | Asked in Divorce and Civil Rights for New York on
Q: my car is registered to my ex boyfriend is there any possible way I can get it back?

he's threatening to take it from me but I bought it

Carmen M. Rodriguez
Carmen M. Rodriguez answered on May 12, 2021

I am sorry you are going through this.

Here are a few thoughts, and it is not intended to be an exhaustive list of considerations:

Do you have any receipts or proof of payment(s)?

Are you still paying for the car?

Why did you register it in his name?

Did...
Read more »

1 Answer | Asked in Divorce for New York on
Q: Is PR considered the home state if I’ve been living in NY for 14 months and my wife and kids just moved to FL 2/17/21?

If I can get the divorce dismissed for lack of jurisdiction in Florida. Can I file for divorce in Puerto Rico?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 11, 2021

Home state refers to the last state where the children lived last for 6 months. As the children moved to FL in Feb. that is not the home state if they lived in PR for the previous 6 months. However, if neither of you live in PR then FL will be considered as the home state.

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