Get free answers to your Divorce legal questions from lawyers in your area.
I'm trying to prove that as part of my parents' divorce conditions, which likely took place around 2023-2024 in Kings County, NYC (Brooklyn), my mother was supposed to remain in New York State with my siblings and me. I don't have any divorce documents and haven't contacted any... View More 
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answered on May 18, 2025
To obtain divorce documentation from Kings County, New York City (Brooklyn), you will need to follow a few specific steps. Divorce records in New York are generally considered confidential, and access is limited to the parties involved in the case, their attorneys, and individuals who have a court... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 18, 2025
I understand how frustrating and stressful it can be to deal with an ex-spouse who refuses to leave your property after a divorce. Since your divorce is uncontested and the property is legally in your name, you have several legal options to address this situation under New York law.
First,... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 16, 2025
The answer to your question about your husband leaving the marital home should have been answered in the divorce documents. Assuming you were awarded sole ownership of the marital residence, or exclusive use and occupancy, there should have been a vacate date for him. If he will not leave, your... View More
Can I file a motion to vacate my divorce on the grounds that my lawyer did not fulfill her duties by failing to file a QDRO? My divorce was finalized on May 28, 2024, and the QDRO is separate from the judgment. I've sent follow-up emails in December and February but received no response, and I... View More
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answered on May 18, 2025
In New York, a Qualified Domestic Relations Order (QDRO) is a separate court order used to divide retirement benefits as part of a divorce. Although a QDRO is related to the divorce judgment, it is typically filed after the divorce is finalized. The fact that your attorney did not file the QDRO... View More
My estranged husband and I were both listed on the title of our mobile home. Before selling it, we discussed that he would not receive any of the earnings from the sale, and he agreed to this when signing the bill of sale. We are not currently going through a divorce or legal separation. I have... View More
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answered on May 19, 2025
If both you and your estranged husband were listed on the title of the mobile home, New York law generally recognizes that you both have an ownership interest in the property. However, the situation is more complex because you mentioned that your husband agreed not to receive any earnings from the... View More
My former spouse and I finalized our divorce in Colorado last year and both relocated separately to Batavia, NY. We have a Memorandum of Understanding (MOU) regarding parenting, which approved our relocation to Batavia. Currently, we communicate through Talking Parents regarding our two young boys.... View More
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answered on May 18, 2025
If you and your former spouse have both relocated to Batavia, New York, and your children also reside there, you may be able to request that the family court jurisdiction for your case be transferred from Colorado to Genesee County, New York. This process is known as changing the venue or... View More
I want to get a divorce after being married for 4 years to a German citizen. We got married in the United States, and she currently lives in Germany while I reside here. We have no children or shared properties, and she has not been in the U.S. for over a year. Since March last year, we have had no... View More
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answered on Apr 4, 2025
The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 14, 2025
It appears you are in the middle of a divorce and still living together.
First, I would request my Judge issue an order that there be no cameras or recording in the home or property.
If the camera's do not go away, you have a Court order you can move to enforce of bring on a... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 16, 2025
I understand that this situation is distressing, especially as you are still living with your ex-spouse while trying to move out. In New York, the legality of placing cameras inside and outside a shared home without consent depends on factors such as expectation of privacy, ownership of the... View More
How does a judge finalize a divorce without the defendant signing the Affirmation of Defendant in an action for divorce? The defendant was dissatisfied with the stipulation of settlement as he sought legal fees from the plaintiff, but the defendant's attorney ignored this request, and the... View More
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answered on Mar 13, 2025
I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
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answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
In our 2023 divorce decree, we agreed that each of us would claim one child on our taxes. Last year, we filed accordingly without any issues. This year, my ex-spouse filed first and claimed both children for the Earned Income Credit (EIC), stating his lawyer advised it was permissible because he is... View More
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answered on Mar 13, 2025
I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
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answered on Mar 13, 2025
I understand that this situation is causing you significant stress, especially with your ex-wife’s name still being on the mortgage and deed of the home despite her lack of involvement. Removing her from these documents can be a challenging process, and it’s important to address the matter... View More
I got married in NYC and later discovered that my wife was still married in the Philippines five years before we met. Her mother was aware but kept it from me. I've since filed for divorce and have obtained full legal custody of our children. I'm concerned about the implications on our... View More
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answered on Mar 13, 2025
I understand that discovering your wife’s prior marriage has created a lot of confusion and concern, particularly regarding the validity of your marriage and the division of assets. The situation you described has legal implications, and it's important to clarify the status of your marriage... View More
I had a car accident 4 years ago and settled my claim, with the settlement funds being used for joint household expenses for my wife and me. My wife is still in the process of settling her claim, and we do not have a prenuptial agreement. We have been married for 33 years and are currently... View More
answered on Mar 5, 2025
It could depend on the breakdown of damages - if they consist of solely one person's pain & suffering, or they involve components that impacted both parties (such as consortium), which are addressed by my colleagues. Depending on how it is drafted, the release form at the conclusion of the... View More
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