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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: My husband and I got married in Puerto Rico and now we want to divorce. Do we have to get divorced in Puerto Rico?

Can we get a divorce in my current state(New York)?

Howard E. Knispel
Howard E. Knispel answered on Feb 25, 2020

If you meet the residency requirements of NY then you can get divorced here. There are a few ways to meet the residency requirement of New York State:

Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;...
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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

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

Contact your local bar association for attorney specialties and recommendations.

1 Answer | Asked in Divorce for New York on
Q: Stipulated parenting plan vs custody and support orders

Do I still need to fill out and attach a stipulated parenting plan when I have both an order of custody (joint physical and legal with "liberal parenting time as agreed upon by parties") and an order of child support that we both want to leave in place? Thanks in advance.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 21, 2020

No just include the Court name and the docket number. You should also send a copy of the actual orders with the other papers.

1 Answer | Asked in Divorce for New York on
Q: On a NY uncontested divorce form, how to use an already in place custody order?

To better explain, I've filled put the UD-2 form to use my current support agreement but when I did it (online paperwork company), it didnt add the current custody and visitation order. It is currently worded as:

"WHEREFORE, Plaintiff demands judgment against the Defendant as follows:... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 20, 2020

You need to include the docket number, the name of the court that issued the order and the date and say that those orders are continued.

1 Answer | Asked in Divorce for New York on
Q: How can I receive a free divorce? My husband and I were married in 11/2006. He abandoned me in 05/2015 no contact since.

He receives social security disability benefits and has never paid alimony. We share no property, assets, or children. Only one old shared credit card account.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 19, 2020

You can always file for divorce on your own. You can get all the forms necessary on the NYS Courts website or pick up a divorce packet at any NYS Supreme Court building. You will still have to pay the court fees.

3 Answers | Asked in Divorce for New York on
Q: How easy can I can a divorce and if there anything I need to consider before doing so?

I've been married to my daughters father since December 13th 2000. We've been separated since 2005. I was told if I divorced before my daughter was 18 if would be much more difficult and that would involve custody battles. Now that my daughter is 19 years old and in college, can I divorce him with... Read more »

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

It is impossible to answer your question without much more information. However, since 2005 the grounds for divorce have become much easier and less confrontational. In regard to custody, there will be no custody issue as the court cannot award custody after the age of 18, that being said, there... Read more »

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1 Answer | Asked in Divorce for New York on
Q: If legal separated, 1 spouse passes in another state, Does the other spouse have legal right to claim his body?

Spouse passes in Detroit other spouse is in New York. They are legally separated. Is the living spouse still next of kin?

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

This was answered

1 Answer | Asked in Divorce and Family Law for New York on
Q: Legally separated and one spouse passes away who is next of kin?

When legally separated and spouse passes away in Detroit (he doesn’t live in Detroit) and living spouse lives in New York. Could she claim deceased spouse’s body? Is she still next of kin?

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

Technically, they are still married so she is next of kin although siblings can also claim the body.

2 Answers | Asked in Divorce for New York on
Q: As per the stipulation of settlement ex was supposed to relinquish married name

As per my stipulation of agreement my ex was to relinquish her married name. The divorce is done, certificate issued. She is still using her married name. What can I do how do I fight this. Even went so far as to make it an additional stipulation that she not get the escrow money from the sale... Read more »

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

Absolutely nothing. She MAY resume the use of her maiden name but nothing can force her to do so.

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6 Answers | Asked in Divorce and Child Support for New York on
Q: I have two children in college: son (22), senior daughter (21) a junior

Should I stop paying child support because they are both over 21?

Christine Moccia
Christine Moccia answered on Feb 4, 2020

Depends on what your agreement says. Check the provision for emancipation event.

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1 Answer | Asked in Divorce for New York on
Q: In divorce My tax return shows my earned $ plus 1099 $ I withdraw from my 401k Will my support $ be based on both ?

I plan on divorcing I’m concerned my spousal and child support will be based on both $ I earned plus the $ I withdraw from my 401k yearly

K$ I get a 1099

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Child support is based upon all income no matter the source.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2020

You can not file for an "uncontested divorce" by yourself. An uncontgested divorce means both parties agree on all issues. If you filed for divorce and your husband opposed it, the court gets involved. You will need to provide all financial information (as will your husband). You will need to go to... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Disclosure of all assets is mandatory in all divorce actions. There is no way around this. If some of the money was yours before marriage that may be separate property that your husband can't get but is still has to be disclosed. You should retain an attorney to help you.

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1 Answer | Asked in Divorce for New York on
Q: my divorce stipulates my ex relinquish her married name and retake her maiden name she has not what can I do so she does

Divorce is done, signed and final

Howard E. Knispel
Howard E. Knispel answered on Jan 24, 2020

Absolutely nothing. She has the right to change her name if sge wants but is not mandated to do so. I am sure your divorce says she "may" resume the use of her maiden name.

1 Answer | Asked in Divorce for New York on
Q: Ive been waiting for my divorce for 1 year the status of the divorce it says its disposed. what does this means?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 21, 2020

It just means that the case is over. You should check with your attorney or go to the court clerk to see where your Judgment of Divorce is.

1 Answer | Asked in Divorce and Family Law for New York on
Q: i need to get a divorce but im on ssi. where do i go?

kind of complicated

Tim Akpinar
Tim Akpinar answered on Jan 17, 2020

This is really something that the divorce attorneys here would know best. But your post remains open for two weeks. You could contact the Legal Aid Society to see if they could offer assistance or direction; they list divorce as one of the areas in which they offer help to the public. New York has... Read more »

1 Answer | Asked in Divorce and Tax Law for New York on
Q: IRS saying I am not allowed to take mortgage interest and real estate tax deduction given to me as part of divorce.

In my divorce decree, my ex-spouse agreed that I could take the full mortgage interest and real estate tax deduction on our property jointly owned until our son is financial independent. The IRS is now saying that I am only allowed to take 50% of the deduction because we both own it. The property... Read more »

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

Your decree cannot over rule IRS rules. You should sit down with your tax advisor or a tax attorney to go over your decree, agreement and the IRS ruling.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: Divorcing my wife who I had a baby with. She's threatening to show Judge a video of me with a Knife from last year.

When I moved to a new state. I reconnected with my ex girlfriend who I still loved. I used my savings to help her move across the country with me (flights, car shipping, etc.) We discussed for her to get acclimated with the new city and then find a job to start helping contribute to our household.... Read more »

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

The video may have an impact but you will have rights no matter what.

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can my sister get half of the money from a house that was sold by her separated husband behind her back in divorce?

My sister is currently going through a terrible divorce, the man cheated and disappeared for 4 years after a 20 year marriage leaving my sister to take care of their house for 4 years straight. She handled all the bills (with his money from their joint bank account) but told him before everything... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 15, 2020

Your post makes ownership of the house unclear. If the house was owned by the husband alone, and there was no pending divorce, he can sell it.

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