Get free answers to your Divorce legal questions from lawyers in your area.
My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More 
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answered on Jan 15, 2024
That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More
Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More
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answered on Jan 15, 2024
The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer
This has become harassment because it is constant. Is there anything that I can do?
answered on Jan 10, 2024
To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More
answered on Jan 10, 2024
The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More
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answered on Jan 8, 2024
To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More
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answered on Jan 3, 2024
Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More
answered on Jan 10, 2024
Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More
My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be
Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More
answered on Dec 28, 2023
A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Jan 10, 2024
I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Dec 23, 2023
He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More
answered on Dec 7, 2023
Under current NY law you do not need cause to file for divorce. You do not need to prove abandonment. If the divorce is uncontested, meaning it is agreed to by both parties, it could take several months depending on the county it is filed in. If it is not uncontested then there is no way of... View More
The divorce was started in early September. We both reside in NY State. The only thing that I have received and completed was the questionnaire. I consulted the company several times about the status of my case however, I was told that they are not a middle man. Per a court order, I am not allowed... View More
answered on Nov 24, 2024
Yes, you can file your own papers. If it turns out that your spouse filed papers before you, then one of the divorces will need to be cancelled.
answered on Nov 11, 2024
If you are located in Suffolk, Nassau or New York City, I can help you. Please email me at david@dbnylaw.com.
We met in Brazil in 2007, and reconnected in 2011. He filled bankruptcy in NYC, went to Brazil to attest he loved me and convinced me to move to NYC later that year. Less than 6 months later, he proposed, but because of Defense of Marital Act, we only got married in 2013. My ex issued the first... View More
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answered on Nov 3, 2024
First and foremost the asker must retain a lawyer to represent her and guide her throughout her divorce. We cannot provide such a service here online. Secondly, the asker makes rather bombastic allegations that should appear in the pleadings prepared by her lawyer. Some facts are important while... View More
Will any money I may inherit go to him as well?
answered on Oct 31, 2024
No. Inherited money remains separate property as long as it is not comingled.
Jack
Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
Custody can be addressed in the Divorce case or you can file for custody alone in Family Court. Speak to an attorney.
I was divorced on October 2023 and had a notarized postnuptial agreement not honored during the divorce proceedings. The agreement was signed by both parties but the notary in error signed on a second page belonging to the parties involved and the notary, which we did not sign. Leaving the parties... View More
answered on Sep 8, 2024
A divorce agreement must be executed in a certain manner and contain certain language. If it does not it is invalid. You needed to have a professional prepare it properly for it to have been valid. Contact an attorney.
Living in the basement with my daughter.
answered on Sep 5, 2024
If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.
However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).
It is the second time that the opposing counsel "the Plaintiff" sends messages to me "the defendant" in a matrimonial proceeding in Supreme Court Kings County NY that I should stipulate the court and request a 90 day postponement to our proceeding "let your attorney draft a... View More
answered on Aug 28, 2024
I have no idea. I would have to have all the information about your case.
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
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answered on Aug 12, 2024
Hire a NY attorney for file suit for a Sale For Partition.
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