Get free answers to your Divorce legal questions from lawyers in your area.
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.
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... View More
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... View More
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.... View More
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.
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... View More
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.
I'd like to petition the court for full custody.
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... View More
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.
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... View More
New York State
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... View More
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.
I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More
answered on Dec 30, 2020
If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.
Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if... View More
I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More
answered on Dec 29, 2020
This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... View More
answered on Dec 14, 2020
You post your location as New Jersey but this is posted in a New York forum. I can only give you advice on New York law. Social Security numbers are unnecessary in a pist nup agreement.
Our kids will go to college thru age 21. So is he obligated to pay child support based on NYS law (age 21) or Florida law (age 18)?
answered on Dec 9, 2020
As all the parties now reside in NY the answer is NY law applies. The same is true if only you and the children reside here.
I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.
answered on Dec 1, 2020
Hi.
Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without... View More
answered on Nov 30, 2020
If your divorce is valid, then your remarraige is valid. You do need to terminate your first marraige to remarry.
We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.
I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... View More
answered on Nov 21, 2020
Here's one of the places you can begin your search:
https://www.justia.com/lawyers/divorce/new-york/new-york-city/legal-aid-and-pro-bono-services
In addition, law schools have law clinics that may take divorce clients.
Ultimately, though, if you're working and... View More
answered on Nov 19, 2020
The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.
answered on Nov 16, 2020
The first question you have to ask and answer is whether it has been a full year since the separation took effect. If not, then you will have to wait until then before you can use the separation as grounds for the divorce [DRL 170(6)].
After a year, you can "convert" the... View More
My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?
answered on Nov 16, 2020
Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.
Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone
answered on Nov 11, 2020
Send in a copy of the orders, they will be continued in the divorce judgment.
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