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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: After the stipulation of discontinuation in divorce case is filed, is it possible to find it on public search? Thanks

Can anyone find out in public search that the divorce action was started in the court even it is discontinued?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 8, 2022

Divorce cases in New York are private and you can not search the individual matters records.

1 Answer | Asked in Divorce for New York on
Q: My Cousin Husband is doing 2nd Marriage in Pakistan without Divorcing my Cousin.

My question is that are we able to do any legal action against it in USA

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

Your question remains open for four weeks. It probably got overlooked in the general "Uncategorized" heading. You could try reposting under "Divorce." Some questions do go unanswered, but you'd have better chances of a response there. Good luck

1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Divorce and Family Law for New York on
Q: How is my situation?

Married for five years seperated after two years befor she come to usa now she want to divide my bank account she never added to or deposit any money we dont have kids she is working good

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 28, 2022

It is wise for you to make an appointment to consult with an experience family law and divorce attorney. Generally speaking anything earned during the marriage is considered marital property. Despite the fact that she may not have contributed to the account, the fact that you own an account between... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 14, 2022

First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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2 Answers | Asked in Divorce for New York on
Q: Judge ordered home sold immediately,wife refuses

House could have been sold already now I’m behind on mortgage because of her

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

You should immediately inform the court that your spouse is not complying with the court order. The judge may request a conference to find out what's going on. You can also file an Order to Show Cause to request immediate action from the court, such as precluding a spouse from interfering... Read more »

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1 Answer | Asked in Divorce for New York on
Q: We are in divorce process. My wife is borrowing money to fix the house and in property division How will that effect me?

I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 3, 2022

If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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1 Answer | Asked in Divorce for New York on
Q: My husband file divorce under the staus that he doesnt know my whereabouts and spelt my Maiden name wrong, am I divorce?

He spelt my middle and Maiden name wrong.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 27, 2022

You should consult with an attorney to research the status of the matter in the county clerk’s office

Of the county in which he filed. An amended judgment, if one has been entered already, can be requested based on the misspelling of your name and maiden name. He would have to provide a...
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3 Answers | Asked in Divorce for New York on
Q: do i need a lawyer to file for a divorce
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 26, 2022

You should most definitely consult with an attorney before filing for divorce. The laws require specific recitations to be made in order for agreements to be enforceable and there are time limitations that must be adhered to that a lay person may not otherwise know. You only get one bite of the... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: I need help in fulton county.with big $$$$child support court then divorce. dss never went after deadbeat.need help

husband signed property over to one child when he has six children left five with nothing so I couldn't get it in a divorce has never paid child support through courts he's going to get away with it because I need help

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 25, 2022

You should consult an attorney.

2 Answers | Asked in Divorce and International Law for New York on
Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

In New York, marital property is distributed through a process called equitable distribution. Many factors affect how the court will allocate marital property, such as the length of the marriage, each spouse's contribution to the marriage, etc. In some cases judges will split marital... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Does my wife have to pay alimony or child support?

My wife has said she has filed for divorce. I’m on social security disability, my wife makes 4x what I make a month, am I entitled to alimony. Also, our 19 year old son lives with me, am I entitled to child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 15, 2022

Based upon what you have written, you would be entitled to maintenance. How much and how long would be up to the court unless you settle the issue. As to child support, you would also get that as long as you son lives with you until he turns 21 as long as he is in school.

1 Answer | Asked in Divorce for New York on
Q: Can my wife just come take whatever she wants?

My wife left me in feb 2022, she moved into an apartment in March 2022, she came and took clothes on 2 occasions and I even let her take some furniture. She said she has file for divorce. She now wants to come and take whatever she wants. I still live in the family home with 2 of our grown sons. Is... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 13, 2022

She can only take things if you agree to it otherwise the division of ALL assets are by court order or agreement.

2 Answers | Asked in Divorce for New York on
Q: During divorce my wife transferred our marital property to her sister’s name. How will this effect me?

My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 25, 2022

It will not make a differece in the end. Transfers of marital assets without fair consideration are charged against the party making the transfer.

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1 Answer | Asked in Divorce for New York on
Q: Mortgage is in my name and dad's.NOT wife's. Getting separated. What rights does she have and my dad as far as the hou

She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 8, 2022

Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the... Read more »

1 Answer | Asked in Divorce and Small Claims for New York on
Q: My divorce attorney who I fired because he never reached a settlement is now over a year later wants $8000.

I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.

Michael J Stachowski
Michael J Stachowski PRO label
answered on Jul 5, 2022

File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... Read more »

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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