You would be entitled to equitable distribution regardless of where you live. Equitable does not necessarily mean equal however and credits for paying the principle of the mortgage might be considered. Talk to a lawyer.
The Domestic Relations Law essentially says that anything acquired during the marriage is considered marital property, regardless of whose name the title is in, and makes that property subject to equitable distribution (this is how property is divided in a divorce). If you were to move, it would...Read more »
My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »
Court policy places undue pressure on the man to surrender his money and property and future earnings to the woman. Typically, the first to go are the children which the man loses followed immediately by child support. Then come the real and personal property awards. In some courts, for example in...Read more »
My ex sent me a judgement of divorce last month by mail to PO Box, since he wasn’t allowed my physical address, signed by the Supreme Court judge that was assigned the case along with a letter stating the divorce was finalized. Well last week I received another judgement of divorce from my ex but... Read more »
The court requires the recipient of a signed judgment to notify the other side that it was entered. That is the notice of entry. A notice of settlement is supposed to be sent when the proposed judgment is filed to be signed.
Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.
If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full...Read more »
I just got my judgment of divorce in the mail from the Supreme Court and it states I can go back to my maiden name. I have a custody order with family court that was done before the divorce awarding me custody of my child but under my married name . My question is, when I change my name back to my... Read more »
I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »
Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any...Read more »
Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »
I was married 6 weeks ago + the union dissolved quickly. We don't + never have lived together, I've only seen him 4x and it wasn't consummated. I consulted an attorney about a possible annulment + told it's complicated and potentially expensive to build a case, especially if he... Read more »
The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of...Read more »
My ex is threatening to deplete our son's 529 college fund as he is the account holder. Our divorce agreement states that we are responsible to split the cost of college 50/50 up to a SUNY tuition. The agreement mentions that "the parties agree that they have a college fund for their... Read more »
The answer depends on whether or not the 529 plan was part of the "college fund" that you mention in your question. If it was part of the agreement, your ex will be responsible for 12.5% of the college fund PLUS his 50% of the tuition each year if he depletes the account.
A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.
She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... Read more »
We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with...Read more »
The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.
My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »
Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same...Read more »
If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.
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