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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: How to tell if a divorce is finalized ?

My ex sent me a judgement of divorce last month by mail to PO Box, since he wasn’t allowed my physical address, signed by the Supreme Court judge that was assigned the case along with a letter stating the divorce was finalized. Well last week I received another judgement of divorce from my ex but... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 17, 2022

The court requires the recipient of a signed judgment to notify the other side that it was entered. That is the notice of entry. A notice of settlement is supposed to be sent when the proposed judgment is filed to be signed.

1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What things do I have to change my name with after a divorce?

I just got my judgment of divorce in the mail from the Supreme Court and it states I can go back to my maiden name. I have a custody order with family court that was done before the divorce awarding me custody of my child but under my married name . My question is, when I change my name back to my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

No - if there is ever a question (which is unlikely) your judgement of divorce shows your married name. Additionally, the children still have the family name.

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What records do I need to change after divorce granting me my maiden name back?

I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 29, 2021

You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Good evening, I was wondering if it would be easier to file for an uncontested lawyer(k, We know what we want already.

We have two kids also.I’m willing to pay whatever the state recommends for child support

Theodore Alatsas
Theodore Alatsas answered on Dec 2, 2021

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Will the court keep a child support case in a different state even if the baby and mother reside in NY?

Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »

Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood answered on Nov 17, 2021

If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.

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2 Answers | Asked in Divorce for New York on
Q: Do I have to live w/ my spouse for a no-fault divorce in NYC?

I was married 6 weeks ago + the union dissolved quickly. We don't + never have lived together, I've only seen him 4x and it wasn't consummated. I consulted an attorney about a possible annulment + told it's complicated and potentially expensive to build a case, especially if he... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2021

The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of... Read more »

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Will my ex be violating our divorce agreement by cashing out our son's 529 college fund?

My ex is threatening to deplete our son's 529 college fund as he is the account holder. Our divorce agreement states that we are responsible to split the cost of college 50/50 up to a SUNY tuition. The agreement mentions that "the parties agree that they have a college fund for their... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 10, 2021

The answer depends on whether or not the 529 plan was part of the "college fund" that you mention in your question. If it was part of the agreement, your ex will be responsible for 12.5% of the college fund PLUS his 50% of the tuition each year if he depletes the account.

1 Answer | Asked in Divorce and Family Law for New York on
Q: So in new york does a spouse have rights to elective share of a home that was quit claim deeded once wife passes

My stepdad quitclaimed deeded home to my mom now he wants an elective share of 1/3. Of the home.as spousal rights after death is he legally entitled

Howard E. Knispel
Howard E. Knispel answered on Nov 8, 2021

A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.

2 Answers | Asked in Divorce for New York on
Q: The judgement for my uncontested divorce was served on my ex-spouse by certified mail but it’s now being returned.

She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 1, 2021

We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with... Read more »

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1 Answer | Asked in Divorce and Landlord - Tenant for New York on
Q: I would like to know how to go about an eviction for my adult daughter and her family being that I’m getting divorced?

She lives there with her two kids and her boyfriend. She stopped paying rent to save up to move out but I would like to get her out before the year is up or my divorce is final

Howard E. Knispel
Howard E. Knispel answered on Oct 24, 2021

The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.

2 Answers | Asked in Divorce for New York on
Q: My ex. asked me not to ask for alimony and he would give me 600. a month so far nothing. We've been divorced since 2012.

He is also mentally abusive to both myself and our son who has a brain tumor.

Howard E. Knispel
Howard E. Knispel answered on Oct 22, 2021

Is that agreement in your divorce stipulation? If so you can file a contempt proceeding. If it is not in your divorce stipulation you may not be entitled to anything. Talk to a lawyer.

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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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