New York Divorce Questions & Answers

Q: My husband filed for divorce on March 18, 2019 without my knowledge He serve me the papers April 16, 2019

1 Answer | Asked in Divorce for New York on
Answered on Apr 17, 2019
Christopher N. Luhn's answer
A lot depends on facts. I’d be happy to spend some time on the phone with you to explore your options. (518) 884-0000.

Q: What is my next step when my ex wife did not meet the deadline of finalizing a mortgage.

1 Answer | Asked in Divorce for New York on
Answered on Apr 11, 2019
Lawrence Allen Weinreich's answer
You can make a motion for contempt if that requirement was in the judgment of divorce or you can move to enforce the agreement. You may also be able to request counsel fees for having had to make the motion. As the most drastic remedy, it sounds like to can ask the court to have the house sold.

Q: Husband earned a SEC license while married. I’m told the license would have to be evaluated to find out it’s worth to me

1 Answer | Asked in Divorce for New York on
Answered on Apr 3, 2019
Nina Mironenko's answer
You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.

Q: I divorced years ago, 13 years ago, and have been paying child support monthly since then.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Answered on Apr 1, 2019
Robert B. Pollack's answer
Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child support back then. All of this would have been fact and circumstance dependent but now that there is a child who in NY, where the court would have no jurisdiction over as to custody and parenting time,...

Q: My ex-husband worked for NYS Department of Corrections, he retired January 2019.

2 Answers | Asked in Divorce for New York on
Answered on Mar 27, 2019
Nina Mironenko's answer
Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.

Q: Can my family member buy my house in cash for mortgage amount owed so I can live in it with kids if my husband agrees?

1 Answer | Asked in Real Estate Law and Divorce for New York on
Answered on Mar 20, 2019
Michael David Siegel's answer
Yes. It should be structured as a regular deal with title insurance.

Q: My sister is disabled due to MS...her husband is divorcing her after 30 plus years , calling it a Medicaid divorce. Her

1 Answer | Asked in Divorce for New York on
Answered on Mar 15, 2019
Robert B. Pollack's answer
What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is in a long term marriage. Her income is fixed and limited. Her ability to become self supporting is unlikely and that would impact any disability payment she is receiving. Although you indicate...

Q: Can a paralegal write a stipulation of settlement for a divorce filing without a lawyer involved?

1 Answer | Asked in Divorce for New York on
Answered on Mar 13, 2019
Robert B. Pollack's answer
The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY that anyone particular must write a stipulation of settlement. The parties themselves can write it. So long as it comports with the applicable laws to be able to enforce it, contains any mandatory...

Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Mar 10, 2019
Christine Moccia's answer
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

Q: can i get a petition of seperation if my spouce has left the state(NY) and not coming back?

2 Answers | Asked in Divorce for New York on
Answered on Feb 27, 2019
David P. Badanes' answer
Yes, you can file for Separation and/or have a Separation Agreement drafted.

Q: I just have a question. Im currently going through a divorce my first court date is next month.

1 Answer | Asked in Divorce and Family Law for New York on
Answered on Feb 25, 2019
Stephanie E. Emanuel's answer
Your situation is not clear. It appears that you are representing yourself in court. Family Law is all about he - say, she - say environment, where the expertise of an attorney will be used to provide bases to such claims. Alimony and Child Support has to have merit in order to be granted under the law. You can benefit from retaining an attorney. Many attorneys including myself, do offer affordable pricing as well as payment plans. An uncontested divorce where both parties agree will cost...

Q: Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife.

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If you're dissatisfied with the pace or rigor of representation, why not hire a better lawyer? 8 months of delay for service is ridiculous. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...

Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: What do I have to do in order to have my maintenance that was awarded to me at trial extended? Nassau County, NY?

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You say you agreed to the settlement, so I see no way to dispute it by claiming that it was involuntary, if that is what you are implying. If you're seeking to appeal the decision, there are strict deadlines that apply: https://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: How do I file for divorce

1 Answer | Asked in Family Law and Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: I am currently separated from my spouse, married for 5 years. He moved out 4 months ago. I am paying all bills.

1 Answer | Asked in Divorce for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media...

Q: Can I pay the retainer fee with our marital money, AFTER the dirvorce was filed?

1 Answer | Asked in Divorce for New York on
Answered on Dec 10, 2018
Nina Mironenko's answer
Yes. All expenses may be adjusted when equitable distribution is determined.

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

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