New York Divorce Questions & Answers

Q: Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife.

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If you're dissatisfied with the pace or rigor of representation, why not hire a better lawyer? 8 months of delay for service is ridiculous. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...

Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: What do I have to do in order to have my maintenance that was awarded to me at trial extended? Nassau County, NY?

1 Answer | Asked in Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
You say you agreed to the settlement, so I see no way to dispute it by claiming that it was involuntary, if that is what you are implying. If you're seeking to appeal the decision, there are strict deadlines that apply: https://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: How do I file for divorce

1 Answer | Asked in Family Law and Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: I am currently separated from my spouse, married for 5 years. He moved out 4 months ago. I am paying all bills.

1 Answer | Asked in Divorce for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media...

Q: Can I pay the retainer fee with our marital money, AFTER the dirvorce was filed?

1 Answer | Asked in Divorce for New York on
Answered on Dec 10, 2018
Nina Mironenko's answer
Yes. All expenses may be adjusted when equitable distribution is determined.

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

Q: Hi, can you please let me know what best and worst case scinerios are for child support and spousal support in New York?

1 Answer | Asked in Child Support and Divorce for New York on
Answered on Oct 16, 2018
Christine Moccia's answer
Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you and your spouse.

Q: In the process of a divorce. His lawyer drew up the paperwork. It states in the paperwork that I will be taking over

1 Answer | Asked in Divorce for New York on
Answered on Oct 15, 2018
Nina Mironenko's answer
Again, what paperwork are you referring to? A Stipulation of Settlement? Does the paperwork also state that once you "take over the house" - I assume that means that you will be responsible for the mortgage, that you have exclusive occupancy right away, or once the judgment of divorce is signed. There should be language regarding when you have exclusive occupancy of the house.

Q: divorce isn’t final yet. I refinanced the mortgage to get him off the deed and take over the house. He signed all the

1 Answer | Asked in Divorce for New York on
Answered on Oct 15, 2018
Nina Mironenko's answer
Who prepared the divorce documents? Do you have a stipulation which includes language that you get exclusive possession and ownership once you refinance, or did you ask for exclusive possession and ownership of the house of the house as ancillary relief in your complaint? If you did include that language then you can get him out once the judgment of divorce is signed.

Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Oct 14, 2018
Nina Mironenko's answer
In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a separate account of his you are not entitled to now claim that you want half of the refund. In my opinion, the DA would not pursue a case against him for forgery.

Q: Wife already signed TX warranty deed gave up home 5-15-18 it's notarized never filled shes dragging divorce. Can I file

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Arbitration / Mediation Law for New York on
Answered on Oct 9, 2018
Michael David Siegel's answer
A TX deed is governed by TX law. Only a Texas lawyer could opine if it was ready to file.

Q: My husband has hidden all his money in a non profit and my son"s name along with the corporation he has. .

2 Answers | Asked in Criminal Law, Divorce, Family Law and Tax Law for New York on
Answered on Oct 5, 2018
Linda Simmons Campbell's answer
The only suggestion that I have is to try a law school legal clinic in your area. One of them may take family law cases.

Q: I am a US citizen and my husband just received his Unconditional Green Card. However, our marriage was never consummated

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Divorce for New York on
Answered on Sep 29, 2018
Leonard R. Boyer's answer
You need to refrain from discussing this matter online any more and should take down this question. You need to quickly retain an experienced immigration attorney and discuss this matter in detail in person. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain...

Q: I need a divorce lawyer . I dont have lot a money for a retainer .

1 Answer | Asked in Divorce for New York on
Answered on Sep 17, 2018
Nina Mironenko's answer
Is your divorce a NY divorce? If it is you need to call the NY State Bar and report the attorneys. They do not have the right to any of the money if they did not bill/invoice you at least every 60 days.

Q: My ex was supposed to take over the house (mortgage, deed -both solely in my name) effective with the divorce

1 Answer | Asked in Divorce, Real Estate Law and Foreclosure for New York on
Answered on Sep 13, 2018
Michael David Siegel's answer
It is a divorce question, not a real estate question. Your decree governs and remedies are in that case.

Q: Do I owe alimony to my ex if she moved back in halfway thru the order and I have fully supported her behond it’s end?

1 Answer | Asked in Divorce for New York on
Answered on Aug 22, 2018
Nina Mironenko's answer
Your ex could claim that you owe her support since you stopped paying her. You would then need to prove in court that you actually supported her and are owed credit for that. Otherwise, a support order ends on the date included in the court order or stipulation of settlement.

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