Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.
Once the divorce is granted overseas, she may not file for a divorce in the US. However, if the foreign court does not deal with custody or child support she can file in the US for those things. There may be additional things she can file for depending on the state in which she files.
Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.
My divorce agreement states I will provide dental care to my ex and the child. I have done so for 40 years, and also to her new husband, their daughter, and now her husband. Now she wants me to pay for her care since I am retired. The agreement only states I will provide dental care for her and the... Read more »
The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what...Read more »
Your question is best suited for the experienced divorce attorneys here. But your post remains open for two weeks. Until you're able to reach out to an attorney who is knowledgeable in this area, here is a link to the New York State Unified Court System's divorce resources:...Read more »
You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to...Read more »
The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »
It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what...Read more »
My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... Read more »
Home state refers to the last state where the children lived last for 6 months. As the children moved to FL in Feb. that is not the home state if they lived in PR for the previous 6 months. However, if neither of you live in PR then FL will be considered as the home state.
I filed for a divorce 8 months ago and I checked the e courts and it says there was a an appearance date April 29th that already passes, it says court date purpose : Conversion-Other , justice part: part 30 also the Date NOI Due: September 29th 2021.
E-courts is sometimes cryptic. Merely because it says there was an appearance doesn't mean there was one - it could be just a tickler in their system. That said, if the case is still uncontested, you need to file the judgment package along with the note of issue. Schedule a consult with a...Read more »
If there is a provision in the Judgment or your stipulation if you have one that says the retirement account(s) would be split then you can have a QDRO done. If there is no mention of sharing the retirement account(s) then the answer is no.
If you can agree on the terms of the divorce - e.g., equitable distribution, spousal maintenance, custody if relevant, etc. - through private negotiations with each other, then you may be able to proceed with the formal divorce process in an uncontested capacity. This can essentially amount to no...Read more »
I recommend you consult with an attorney to discuss the most appropriate strategy. Generally, a divorce starts with the service of a Summons on your spouse, but there are important considerations that you should discuss with an attorney. These considerations vary depending on whether there are...Read more »
I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday... Read more »
He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however...Read more »
No I have not I just got the letter in the mail my question is if you can help me or not I’m having trouble finding information I bring a four-year-old child into the marriage as I was a single father is biologicalWas deceased we then got married and now she wants to get joint custody is this... Read more »
You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.
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