Get free answers to your Divorce legal questions from lawyers in your area.
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
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answered on Mar 13, 2025
I understand that navigating the division of assets, including settlements, in a divorce can be complicated. In New York, property division in divorce cases is governed by the principle of equitable distribution, meaning that marital property is divided fairly, but not necessarily equally. The fact... 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 Feb 26, 2025
It depends. If your wife's case is settled after your divorce is finalized, then the settlement proceeds will be considered your wife's separate property and not marital assets. Even if the case is resolved before your divorce, under New York Domestic Relations Law § 236, if the... 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
I'm in New York and jointly on a car loan with my ex. We're both listed on the title, but the car is registered in her name. I have missed some payments, and she has already taken the car. Can she legally keep the car despite my name being on the loan and title?
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answered on Mar 13, 2025
I understand how complicated and frustrating this situation must be, especially with your name still being on the car loan and title. In New York, the law governing car loans, titles, and property rights can be tricky, especially when there are multiple parties involved in the loan and ownership of... View More
Equitable Distribution in NYS: My soon-to-be-ex spouse has been withdrawing $4,000 a month for the last 14 months from our joint marital money market account, claiming these funds are for living expenses. We have no court orders or agreements concerning the financial management of marital assets... View More
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answered on Mar 13, 2025
I understand how frustrating and concerning this situation must be, especially given the significant impact these withdrawals could have on the equitable distribution of marital assets in your divorce. In New York, the Automatic Orders that apply in divorce proceedings serve to protect both... View More
I got married in 1992 and obtained my green card through my spouse. In 2002, I discovered that she was cheating, and I moved out. We have been separated since then. I want to divorce her, but I cannot find her. I have continuously lived in the U.S. for 20 years and have looked for her on social... View More
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answered on Mar 13, 2025
I understand that this situation must be difficult, especially as you navigate the complexities of both your immigration status and marital separation. To address your concerns, it’s important to look at both the requirements for U.S. citizenship and how your situation, involving a long... View More
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More
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answered on Feb 23, 2025
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the... View More
I signed a prenuptial agreement before my marriage. I am now considering divorce after being married for almost 2 years. The prenup includes clauses on separate property, earnings, and savings, but nothing specific about alimony. I moved overseas to join my husband on his assignment, which resulted... View More
answered on Feb 22, 2025
First of all it depends on the language in the prenuptial. Second, New York does not have "alimony". There is spousal maintenance. The formula is dependent on the length of the marriage as well as the respective incomes. A two year marriage will only have a very limited time frame for... View More
I signed a prenuptial agreement before my marriage. I am now considering divorce after being married for almost 2 years. The prenup includes clauses on separate property, earnings, and savings, but nothing specific about alimony. I moved overseas to join my husband on his assignment, which resulted... View More
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answered on Mar 16, 2025
I understand that your situation is challenging, especially given the financial impact of your move overseas. In New York, prenuptial agreements are generally enforceable, provided they meet legal requirements and do not violate public policy. However, if your prenuptial agreement does not contain... View More
He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More
answered on Feb 7, 2025
The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More
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