Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More 
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 12, 2023
In New York, divorce decrees are typically public records, and you should be able to obtain a copy without needing an attorney. Since the divorce occurred in Westchester County, you can request the divorce decree from the Westchester County Clerk's office. You will need to provide specific... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
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answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More
answered on Oct 24, 2023
How is your co-tenant your landlord? Is she the tenant with a lease for the last 11 years, and you are the mere occupant? If so, your legal status may be nothing more significant than that of a Roommate. Did you pay rent to your partner and not to the landlord?
A Notice to Quit is... View More
We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More
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answered on Oct 23, 2023
In New York, if you both share a residence and one person wants the other to leave, it can be a complex issue. If both of you are on the lease or own the property jointly, both parties generally have equal rights to the premises. If only one of you is on the lease or is the owner, that person... View More
We have been married 5 years and both got our current jobs after marriage.
She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?
answered on Oct 6, 2023
You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More
I recently submitted a report with links to substantial evidence (PDFs of the full report, screenshots of phone messages to them and to me, all clearly dated and cross referenced; via my Google Drive) detailing my ex wife's infidelity throughout our dating, engagement, and marriage, with... View More
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answered on Sep 9, 2023
Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More
Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More
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answered on Sep 7, 2023
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
What we can say... View More
My spouse is the money earner. During the marriage I paid the bills. He gives me a hard time giving enough money. And complains about how I pay things. I told him he can take over paying the bills. He doesn’t want to and threatened to charge me with financial abandonment.
answered on Aug 18, 2023
There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
Addendum - an attorney who is handling your matter could offer more definitive and meaningful guidance, based on reviewing the specific laws and health insurance policy, rather than general responses to a brief post on a public forum. Good luck
answered on Aug 8, 2023
Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.
Now divorcing - is husband entitled to a portion of their current value (commingled funds)
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answered on Aug 4, 2023
In New York, property acquired before marriage is generally considered separate property and is not subject to equitable distribution in divorce. However, the situation can become more complex if separate property becomes commingled with marital property during the marriage.
Commingling... View More
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More
answered on Aug 14, 2023
I would try contacting your attorney again by phone and by email. If you are not able to get a response in a reasonable amount of time (3 days) let the attorney know that you may have to file a complaint if you don't hear back.
Alternatively, you can try to retain new counsel. If... View More
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More
answered on Aug 4, 2023
I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that... View More
Can I get him to pay for my lawyer or do I have to use legal aid
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answered on Jul 27, 2023
. If one spouse has more financial resources than the other, the court may consider awarding attorney's fees to the financially disadvantaged spouse.
If you believe that you cannot afford an attorney and your husband has significantly more financial resources, you may request the court... View More
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
answered on Jul 19, 2023
Both the RP 5217 and the TP 584 need to be prepared and submitted with the deed for filing. Pay close attention to the grantors (must be the same as the deed from which the owners’ acquired title) and to the grantees (to ensure you are taking title how you wish). Consider hiring an attorney,... View More
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
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answered on Aug 17, 2023
Why does the bank need your mother to become an owner of your house so that she can co-sign your loan? There can be tax (costs and ramifications) and liability issues when adding someone to the title of your home, and this should not be done lightly - and certainly not at the request of someone at... View More
My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).
When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More
answered on Jun 23, 2023
This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More
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