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New York Divorce Questions & Answers
3 Answers | Asked in Divorce for New York on
Q: hello my name is norma i am looking to get a divorce and was wondering what steps i need to take to start that process
Theodore Alatsas
Theodore Alatsas answered on Apr 15, 2021

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 »

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1 Answer | Asked in Divorce for New York on
Q: Can my ex Husband force me into an every other week schedule after 7 years of splitting the week?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 19, 2021

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 »

1 Answer | Asked in Child Custody and Divorce for New York on
Q: Hello Am I able to ask a question in regards to a divorce

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 »

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

Did you get a step-parent adoption through the court? If she adopted the child then she can get joint custody.

3 Answers | Asked in Divorce for New York on
Q: hello. I've got some questions about spousal support or maintenance before divorce.

haven't filed yet but I think my husband might soon.

I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2021

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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1 Answer | Asked in Divorce for New York on
Q: Should my daughter move out of the house into a apartment from the house she and her husband bought together 4 years ago

They have been together 7years,lived together almost 5 years and married in 6/2020. January 2021 he doesn't want to be married anymore. She knows she can't afford the house alone and he won't go to counseling.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 22, 2021

You haven't supplied enough information for a good answer. Since the house was bought together they each own the house. Based upon the limited information provided, your daughter should not move out at this time. It is highly recommended that she seek a consultation with an attorney where... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello my name is Ren .i filed my uncontested divorce through nyc e file in july .Is there a way to speed up process?
David Ivan Bliven
David Ivan Bliven answered on Feb 19, 2021

Merely filing the divorce does next-to-nothing. You'd then need to have the papers served, file an affidavit of service, and then submit the Judgment Package (assuming the other side defaults. You may wish to call a NYC Divorce Attorney for a full assessment.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Legally separated since 2016. Can parts of separation be changed when filing for final divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 10, 2021

You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... Read more »

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What can I do as a 15 year old for my custody to change?

I'm currently under my mothers custody but I've experienced some abuse as a child and currently we have alot of issues. My dad can have me but he wants to know if there is anything I can do for my custody change.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 9, 2021

Your father would have to file a petition for a change of custody. You would have to tell the judge that you want to live with your father and why.

2 Answers | Asked in Divorce for New York on
Q: Am I required to provide my ex husband with proof of payment from a divorce agreement?

Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?

David Ivan Bliven
David Ivan Bliven answered on Feb 5, 2021

Without reviewing the exact structure of your agreement, if it says your husband needed to buy you out, then it seems to me like - if you're disputing same - he'd need to produce evidence of the payment. That said, with something so significant, one would think there'd be a cashed... Read more »

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1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
Howard E. Knispel answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I am a victim of domestic abuse for a long time and this time i want to put an end to it. I want to file a divorce

My concern is our lawyer is about to start processing my papers for green card, is it possible for me still get it even without her petition?

Theodore Alatsas
Theodore Alatsas answered on Jan 25, 2021

The Violence Against Women's Act protects non-resident aliens from deportation or denial of status when a divorce is based on domestic violence during the marriage. I have cancelled many such cases in the past.

1 Answer | Asked in Child Support and Divorce for New York on
Q: what does incorporation by reference without merger and continuation during action of divorce
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2021

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?
Theodore Alatsas
Theodore Alatsas answered on Jan 23, 2021

Your questions is vague, and so my answer is equally vague. This depends on a number of factors, and so I cannot definitively answer. Are you currently married? Have you been divorced? How long has your spouse been there? etc. You should speak to a lawyer and provide more detail, before an... Read more »

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3 Answers | Asked in Divorce for New York on
Q: How can I get divorce that guarantees me to be with my child?. I don't mind if he do visitation.

I live in new york and i have been married for 5 years . our daughter is 4 years old also my husband has 3 children from ex marriage. I cant live with my husband any longer due to his anger problems towards me. he is very verbally abusive and he grabs my child way from me many times. I have so much... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 18, 2021

There are no guarantees. If you are the better parent, and based on what you are saying, you would be the custodial parent. The fact that your spouse has other children is only a small factor. The courts rately, thought not never, split full siblings, but are less restrictive with half siblings.... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I need consultation regarding a possible divorce.

I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 14, 2021

It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I've been married 21years,we lived together 1 year we've been separated since then can I still get an annulment
Theodore Alatsas
Theodore Alatsas answered on Jan 9, 2021

Annulments are difficult, and are subject to specific statutory grounds. Given the length of the marriage, it seems likely to be difficult. You will be able to get divorced, provided you can find your spouse and serve your spouse with the appropriate summons.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... Read more »

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1 Answer | Asked in Divorce for New York on
Q: I recently moved to NJ from NY and do not meet the residency requirements for divorce in NJ, looking to file in NY

I was informed that because I'm not meeting residency requirements of NJ that means I can still technically file in NY. Looking for further clarification.

Kevin Abessi
Kevin Abessi answered on Jan 5, 2021

I'd refer you to Domestic Relations Law Section 230 for the residency requirements:

DRL 230: Required residence of parties.

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The...
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1 Answer | Asked in Divorce for New York on
Q: I have 11 month old baby, threaded to be with my husband , is it legal to take my child without husband awareness?

New York State

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 4, 2021

See answers to your other posting.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jan 3, 2021

You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

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