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New York Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for New York on
Q: Legal aid divorce

I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

They would be in the best position to advise you on that

2 Answers | Asked in Divorce for New York on
Q: What to do when I'm not receiving alimony

My lawyer died, I have no representation right now and I can't get a new lawyer until I can obtain my file from the firm. He was a sole practitioner so waiting to see who is taking over. Due to my lawyer passing away my future ex husband has decided to not pay his alimony and I'm unsure of what I... Read more »

Christine Moccia
Christine Moccia answered on Nov 12, 2019

You should consult another family law attorney to assist you.

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2 Answers | Asked in Divorce for New York on
Q: What do I do when my lawyer passed away right before divorce trial?

My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 12, 2019

Fax a letter to the Court - if need be the administrative judge and and also contact your local county bar association.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: co-owned vehicle in a divorce in NY State

I own a car with my wife that is fairly new, it is worth ~$23,000 and the loan remaining is $13,000. she wants to keep the car, and I am OK with that but want my name off of both the title and bank loan and I want to her to buy me out for the difference owed and worth divided in half ($5,000). 1)... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2019

The only way your name will come off the bank loan is if your ex to be takes out a new loan in her name alone or the current bank agrees to it (which is unlikely). As for the missed payment, you can make the payment and claim reimbursement for it as part of your settlement (as it affects your... Read more »

2 Answers | Asked in Divorce for New York on
Q: How can I get divorce in New York if my ex partner is in another country?
Joseph Douglas Barics
Joseph Douglas Barics answered on Nov 1, 2019

In general, a divorce may be filed in the state or country where either spouse lives, provided the residency requirements are met. If you meet the residency requirements of New York, you can file here. Your spouse must still be served with the divorce papers, and service must meet both NY law and... Read more »

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3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 1, 2019

Sounds like it is a marital debt

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Do I need legal representation to recover my entitled amount of my ex husbands retirement?
Nina Mironenko
Nina Mironenko answered on Oct 24, 2019

If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: My mom in the middle of a divorce and passes away. no will. a restraining again my stepfather.

She had 5 children first three with her first husband last two with the stepfather. what are the children's rights and their inherit according to New York Law? dose stepfather had all the power over their real estate even with the active restraining order in place. Will he have all the power to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

The question is where were they in the divorce process. If they had come to an agreement, then that would control. If they were truly in the middle, then your mom is considered married retraining notice or not. Without a will, all the children would share in her estate according to law.

1 Answer | Asked in Divorce for New York on
Q: a man is being sued. If he & his wife get divorced (uncontested) he lets her take everything. Will her assets be safe?

he is not being sued yet but forsees it in the next year

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

If he expects to get sued he should get the divorce immediately. It would be up to a court to decide if the transfer was real or not.

3 Answers | Asked in Divorce for New York on
Q: Is "Request for Judicial Intervention" mandatory in an uncontested divorce in Manhattan, NY?

in February 2019 I used an agent to file an uncontested divorce in Manhattan, NY. I checked with the clerk a couple of times, they say it's pending and nothing to do. I checked my case on the "webcivil supreme - case detail" again, noticed both "RJI Filed" and "Justice" leaves blank. I'm not sure... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 18, 2019

An RJI does need to be filed. You normally do not need to wait from the beginning of the line again once you file any missing documents.

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2 Answers | Asked in Divorce for New York on
Q: I filed an uncontested divorce in Feb 2019. Need the divorce decree for my (immigration) green card extension in Nov.

Checked with the clerk last week, it is still pending and nothing need to do.

Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from USCIS'?

One... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 15, 2019

The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.

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2 Answers | Asked in Divorce for New York on
Q: My husband and i split up 5 years ago nothing legal yet. I stayed in the house with our 2 children he moved in with his

Parents rent free. He pays child support. My question is can i get more from the sale of the house when we sell because i have paid for everything for 5 years on my own, mortgage, taxes, maintenance??

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

You should be able to get what you paid down on the mortgage, anything beyond that is either something you have to agree on in the divorce or has to be decided by the judge at a trial.

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2 Answers | Asked in Civil Litigation, Divorce, Personal Injury and Federal Crimes for New York on
Q: i was married on 4-25-2014 and my wife is and correction officer who had her job or her job had her put me in dummy

book against my will they came into my house on 11/19/2014 pull a gun out on me because i was video taping him asking him what reason did he just enter into my home he states i was call long story short they took me out my home and tried to kill me in a public hospital with hand cuffs on behind my... Read more »

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Firtst, you wrote in a run on sentence so it is not clear what you wrote

I have no idea what a dummy book is

Second, stop making public statements

Third, if you want a lawyer, then call one.

Do not expect lawyers to respond to your public announcement

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1 Answer | Asked in Divorce for New York on
Q: how to structure a will when you know there will be a divorce down the line? WIll it help to move to PA?

My wife has we believe borderline personality disorder (possibly aspergers) although she is an HR manager. Every year for 2-4 months ...last year it was heavy drinking, screaming to my 5 yr. old and I that she had another family she was going to leave me and take my daughter with her. My now 6yr... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 3, 2019

Anything you get from your father is separate property as long as you keep it in an account in your name alone. Anything that goes to your daughter is hers and ideally can only be used for her benefit until she is 18 when it becomes hers. As for custody, based on what you have said, you have a... Read more »

1 Answer | Asked in Divorce for New York on
Q: Divorce papers signed by my daughter, not yet signed by a judge. What can she do to change settlement.

My daughter assaulted her husband while drunk. He served her papers in jail after four months. She has to serve a minimum year. He hinted at writing a bad letter to parole. My daughter was suffering from anxiety at the time and was scared. Since being incarcerated she is on medication and has... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 2, 2019

She can write a letter to the Judge indicating that she needs an assigned attorney and that she signed the papers under duress.

1 Answer | Asked in Divorce for New York on
Q: I married a Philippine citizen on a K1 fiancee visa 6 months ago, she wants to leave and go home. The divorce will be

uncontested and there is no support or property to disperse, can I get an annulment, or do I need to get a divorce

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 29, 2019

you have to do an annulment due to the short marriage.

2 Answers | Asked in Divorce for New York on
Q: My wife filed for divorce under not being able to fix the marriage in the last 6 months but how do you determine the tim
Nina Mironenko
Nina Mironenko answered on Sep 26, 2019

Your wife's testimony that the marriage was irretrievably broken for at least 6 months prior to her signing the complaint is sufficient to establish that ground for divorce. It does not matter if you deny it, her attesting or testifying to that is sufficient.

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2 Answers | Asked in Divorce for New York on
Q: how long after separation can i file for a no fault divorce?

no kids, cars or house are involved. I am moving out on oct 1st, 2019. I would like to file a no fault divorce for irretrievable breakdown in relationship for a period of at least 6 months. we have been married for 6.5yrs and my husband is not willing to work on us still after all these years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 22, 2019

You don't have to wait at all. You can file at any time, including while you are still living together based upon irretrievable breakdown of the marriage. Either see a lawyer immediately or get a do it yourself packet from your nearest Supreme Court or get all the forms and instructions on line.

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2 Answers | Asked in Divorce for New York on
Q: Hi I’m looking for someone that can help me with a quick easy divorce in my area.

I don’t know the first step in divorce. We have been separated for three years, have two kids, no courts involved, no child support. We are civil with one another, work well with our kids and have nothing to share/split from married but our kids.

David P. Badanes
David P. Badanes answered on Sep 19, 2019

You can call any Divorce (Matrimonial) Attorney that handles "simple" uncontested divorces. You should be able to do a Google search for that.

I handle simple uncontested divorces in Suffolk and Nassau Counties.

My phone number is 631-239-1702 or my email is david@dbnylaw.com.

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1 Answer | Asked in Divorce for New York on
Q: Separated for 20 yrs. I ignored all divorce papers.He rested. RJI & recently got a judgement of divorce. Can I appeal?

2 adult kids

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 11, 2019

Unfortunately, you cannot appeal the divorce as you defaulted. You may be able to open the divorce up depending on all the facts. I suggest you bring all the papers and information that you have to an attorney and discuss with him in his office.

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