Lawyers, Answer Questions  & Get Points Log In
New York Divorce Questions & Answers
2 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: Good morning. I have a family court/order of protection case coming up on September 28. I can not afford an attorney

And was told I might not qualify for a free court appointed attorney. What other options do I have?

Thank you,

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... Read more »

View More Answers

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: My ex-wife's partner is mistreating my children but not enough to involve CPS.

I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.

My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

View More Answers

1 Answer | Asked in Divorce for New York on
Q: NYS (on transcript & email) ex agreed to lower my child support but won't sign modification pprwrk. what can i do?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

You say it is on the "transcript", if it is on the COURT transcript then the court should modify the order and there is nothing to sign. It the transcript is something else it probably doesn't comply with the requirements to modify an agreement. You should take it to a lawyer and... Read more »

2 Answers | Asked in Divorce for New York on
Q: Hello i would like some information on a divorce and how to go about it
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

If you are seeking to do the divorce on your own, you can either download the required documents and instructions on the NY Courts website or go the the Bronx Supreme Court and pick up a pro-se divorce packet (which contains the forms and documents). If you are looking or a lawyer, call the Bronx... Read more »

View More Answers

2 Answers | Asked in Divorce for New York on
Q: NYS In a text last yr, ex and i agreed i'd pay lower college tuition amt. Now, ex is suing me to pay more. should i win?

ex acknowledges agreement. should our newer agreement supersede older divorce agreement? Should i win court case?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 28, 2020

The problem you will probably run into is that your divorce agreement probably has a clause that says the agreement can only be modified by a writing acknowledged in a certain way. If you didn't follow that requirement, you probably won't win.

View More Answers

1 Answer | Asked in Divorce for New York on
Q: I'd like to know what qualifies for a free or low cost divorce atty fees?
Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

This is something that the divorce attorneys here would know best, but you await a response for four weeks. There are some resources listed here on Justia under the heading, "New York Divorce Legal Aid & Pro Bono Services." Here is a link to the page on this site:... Read more »

2 Answers | Asked in Divorce for New York on
Q: if we agree to change one part of stip, years after the stip, is that binding?
Howard E. Knispel
Howard E. Knispel answered on Aug 27, 2020

If you agree to change the stip, it would be an agreement, but it does not change the court order. For it to be totally binding you need to get the stip "so-ordered" by a Judge. Contact a local attorney.

View More Answers

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick... Read more »

2 Answers | Asked in Divorce for New York on
Q: My husband filed divorce papers for through the NYC DIY service and messed up the info.

My husband filed divorce papers for through the NYC DIY service. I was served the paperwork and the place, date and time of marriage is incorrect. We legally married in a court house in NY but he stated that we were married at a beach how will the affect our divorce. If I sign the papers will we... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

He can amend the papers or you answer the papers with your own action for a divorce including the correct information and submit what you want in any decree. At that point, your husband can agree to what you have asked or the two of you can appear in court and work it out quickly.

View More Answers

2 Answers | Asked in Divorce for New York on
Q: Wondering how much of my husbands premarital down payment he put down on our house I’m entitled to.

I dated my husband for 7 years prior to purchasing our home right before getting married he put down 250k from his personal bank account on our house I am on the mortgage and deed of the house in my maiden name. Shortly after purchasing the home we were married. I’m wondering how much of that... Read more »

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

There are way too many factors to consider in answering this question on this forum. He may be entititled to credits, or he could claim the house as non-marital, although with your name on the deed and mortgage it seems likely that there was transmutation, or co-mingling. You need to talk to a... Read more »

View More Answers

5 Answers | Asked in Bankruptcy and Divorce for New York on
Q: If husband files for bankruptcy prior to divorce will that affect how much I end up with?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 18, 2020

It may depending on what property is included in the bankruptcy, however, this may be offset if the reason for the bankruptcy is your husbands dissipation of assets such as gambling.

View More Answers

7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 18, 2020

Find a good attorney who practices in Brooklyn.

View More Answers

2 Answers | Asked in Divorce for New York on
Q: Im the NCP &pay support. We later agreed I'd pay less which is in writing but she won't sign the pprwrk. What can I do?
Howard E. Knispel
Howard E. Knispel answered on Aug 14, 2020

If she did not sign a stipulation then there is no "agreement". Either way, if you have a court order an d she agreed to lower the payment you need a new order from the court. You say she "agreed" in writing. If it is only in as letter or text, that might be evidence, but it is... Read more »

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: can a 15 year old decide with which parent she/he wants to live if they divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 10, 2020

A judge will speak to the child to see what his wishes are if the parents don't come to an agreement. While the child's choice carries a lot of weight, it is not binding on the court and the judge still has to decide what is in the child's best interests. If the child turns 16... Read more »

View More Answers

2 Answers | Asked in Divorce and Elder Law for New York on
Q: Need assistance on Filing A Nullity of Marriage. How do I start?

I was Married 05/20/2000

My Husband didn't divorce

His first wife until 2008. This was 8 years after we are together. He left me in February 2007. My Marriage is not valid, and I need it nullified.

He had a stroke last year, and I went back to assist him, because no... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 7, 2020

As long as you have all the documentation to support that he was still married when you entered into the marriage contract, you will be able to get it annulled. You must start an action in court and should have an attorney assist you. Matrimonial/Divorce attorneys and Estate Planning attorneys,... Read more »

View More Answers

3 Answers | Asked in Divorce for New York on
Q: Married husband in ‘18. Broke up and havent talked since. Trying to get divorced. He is living here but no papers

Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not... Read more »

Michael J Stachowski
Michael J Stachowski answered on Aug 7, 2020

In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense... Read more »

View More Answers

1 Answer | Asked in Divorce for New York on
Q: In New York can I move back into the marital house when my order of protection ends if I still have one against my wife
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 5, 2020

If there is no other order excluding you from the house you can but it may not be a wise decision.

1 Answer | Asked in Divorce for New York on
Q: what do I need to file a poor person order?

I already filled out the form I'm just not sure as to where I need to submit them

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 29, 2020

They get submitted to the clerk of the Supreme Court in your county

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.