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New York Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for New York on
Q: I am being pushed out of my home in the midst of covid and need to know my rights. I need legal assistance.

I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.

Kevin Abessi
Kevin Abessi answered on Dec 1, 2020

Hi.

Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without...
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1 Answer | Asked in Divorce for New York on
Q: I divorced in Tennessee and remarried 18 days later. Is my marriage valid? Do I need a divorce to dissolve the marriage?
Howard E. Knispel
Howard E. Knispel answered on Nov 30, 2020

If your divorce is valid, then your remarraige is valid. You do need to terminate your first marraige to remarry.

1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.

I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 21, 2020

Here's one of the places you can begin your search:

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

In addition, law schools have law clinics that may take divorce clients.

Ultimately, though, if you're working and...
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2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.

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2 Answers | Asked in Divorce for New York on
Q: Hello I already have a legal separation agreement file through court. How do I go forward with the divorce?
Kevin Abessi
Kevin Abessi answered on Nov 16, 2020

The first question you have to ask and answer is whether it has been a full year since the separation took effect. If not, then you will have to wait until then before you can use the separation as grounds for the divorce [DRL 170(6)].

After a year, you can "convert" the...
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2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2020

Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.

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1 Answer | Asked in Divorce for New York on
Q: Im going to file for divorce but i need to know if our custody/child support papers

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

Send in a copy of the orders, they will be continued in the divorce judgment.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: if their is already a custody paper set can i just send in the copy of that or do we have to go through that again

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... Read more »

2 Answers | Asked in Divorce for New York on
Q: Is my spouse responsible for at least a portion of debts we accrued when married?

We have a personal loan under both our names and a loan on my deferred compensation under just my name. Took the loans out to consolidate our debts. We have no children and no other assets in question other than my pension and deferred comp. Thanks very much for any advice you can offer.

Howard E. Knispel
Howard E. Knispel answered on Nov 11, 2020

Certainly an argument can be made that debts accumulated during the marriage, used for the household. Are marital debts and should be paid by both parties. Talk to an attorney for a more specific answer.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Is my son's separated wife entitled to an insurance settlement I received after date of filing?

My son initiated divorce. Wife keeps rejecting settlement offers. After divorce filing, she destroyed a tractor in one of her multiple suicide attempts. My son is paying for the tractor that was acquired during the marriage. He grows the crops and cares for the animals. I own the farm and pay all... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 6, 2020

It is highly unlikely that any court would give her any of the proceeds from her deliberate act especially if the money is used either to pay off the tractor, fix the tractor or acquire a new one.

2 Answers | Asked in Divorce for New York on
Q: I have been a wife to same man 39 years. He know says he owes me nothing

He says no over time no shopping money. I have been taking care of him and the kids now no money can he do that?

Howard E. Knispel
Howard E. Knispel answered on Nov 6, 2020

In NY support is based on a formula comparing the respective incomes of the parties. You need to see an attorney to review your situation.

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2 Answers | Asked in Divorce for New York on
Q: I have been living separate and apart from my husband just over 3yrs. We have a fully executed settlement agreement

prepared by an attorney during mediation. I have full custody of our daughter and child support order, we sold the marital home and proceeds split we have no communication at all. I have bought a new house and i want to go ahead and file my final divorce. Can i do this on my own using the diy... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 22, 2020

If you feel you are competent enough to file the papers on your own then do so.

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2 Answers | Asked in Divorce for New York on
Q: Question regarding property after a divorce.

After being awarded ownership of a second home in New York, my friend got rid of some property of his ex-wife after one year. While going through the divorce both were told they were not to remove any items from the home but she came SEVERAL times without permission and took some items she wanted.... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

Was there a specific list of items that werre deemed hers? Normally there is a deadline for a person to remove personal items from the property or they would be deemed abandoned. If that was not there, then this is a problem. He should not have disposed of any property without, at least, sending... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I want to divorce, my husband is aware but says he doesn't want to. The situation is unbearable can I leave ?

I have talk to my husband about divorce he said under no circumstances will he do that. The living situation is unbearable, abusive ( mostly emotionally) and uncomfortable. I can't live like this. Can I leave before filing. How does having a kid complicate this.

Howard E. Knispel
Howard E. Knispel answered on Oct 18, 2020

You do not need your husband's permission to get divorced but it means it will be contested. You do not need anyone's permission to leave the household, however if you take your minor child with you, this could be a problem. You should make sure you have a really good reason to take... Read more »

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1 Answer | Asked in Divorce and Child Support for New York on
Q: If my income remains the same but my ex's income increases, can I pay less in child support?

I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 16, 2020

The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Who will get the money?

I wouldn't leave my wife with nothing. I'm the only one who makes income. She has no income and cannot prove how she made the money in her account. All of the money is in her account. She believes I will not be able to have any of it. Is this true?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 12, 2020

Any monies in any account after the date of the marriage is "marital" money unless the holder can show that it came from separate property. Based upon what you have indicated, the money would likely be split depending on all the factors of the case. I would suggest that you do not put... Read more »

3 Answers | Asked in Divorce for New York on
Q: How long after I file for divorce using a lawyer, will my spouse get served ?
Howard E. Knispel
Howard E. Knispel answered on Oct 9, 2020

That's up to your lawyer, the process server and your spouse.

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1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody, Child Support and Immigration Law for New York on
Q: I have been married since 2015 and we have a child together—he is 5 years old.

Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 4, 2020

You need to post this in the immigration forum, not the family law forum.

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4 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

This is not allowed under NY attorney ethic rules. Unless you retain an attorney to act as a mediator and then have that attorney draw up divorce papers and a separation agreement incorporating the terms of your agreement. In that way, the attorney is not representing you or your spouse and that... Read more »

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