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New York Divorce Questions & Answers
3 Answers | Asked in Divorce for New York on
Q: How can I get divorce that guarantees me to be with my child?. I don't mind if he do visitation.

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... Read more »

Howard E. Knispel
Howard E. Knispel 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.... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I need consultation regarding a possible divorce.

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich 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... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I've been married 21years,we lived together 1 year we've been separated since then can I still get an annulment
Theodore Alatsas
Theodore Alatsas 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.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas 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... Read more »

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1 Answer | Asked in Divorce for New York on
Q: I recently moved to NJ from NY and do not meet the residency requirements for divorce in NJ, looking to file in NY

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.

Kevin Abessi
Kevin Abessi 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...
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1 Answer | Asked in Divorce for New York on
Q: I have 11 month old baby, threaded to be with my husband , is it legal to take my child without husband awareness?

New York State

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 4, 2021

See answers to your other posting.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

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... Read more »

Victor M. Feraru
Victor M. Feraru 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.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

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... Read more »

Stanley Dale Radtke
Stanley Dale Radtke 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...
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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

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... Read more »

Leonard R. Boyer
Leonard R. Boyer 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... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Is a postnup valid if its missing both spouses social security number
Howard E. Knispel
Howard E. Knispel 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.

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1 Answer | Asked in Divorce for New York on
Q: My ex and I divorced in Florida where child support ends at 18. We now live in NY. Must he pay me child support til 21?

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)?

Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am being pushed out of my home in the midst of covid and need to know my rights. I need legal assistance.

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.

Kevin Abessi
Kevin Abessi 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...
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1 Answer | Asked in Divorce for New York on
Q: I divorced in Tennessee and remarried 18 days later. Is my marriage valid? Do I need a divorce to dissolve the marriage?
Howard E. Knispel
Howard E. Knispel 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.

1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

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... Read more »

Kevin Abessi
Kevin Abessi 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...
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2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

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2 Answers | Asked in Divorce for New York on
Q: Hello I already have a legal separation agreement file through court. How do I go forward with the divorce?
Kevin Abessi
Kevin Abessi 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...
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2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

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?

Howard E. Knispel
Howard E. Knispel 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.

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1 Answer | Asked in Divorce for New York on
Q: Im going to file for divorce but i need to know if our custody/child support papers

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

Send in a copy of the orders, they will be continued in the divorce judgment.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: if their is already a custody paper set can i just send in the copy of that or do we have to go through that again

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... Read more »

2 Answers | Asked in Divorce for New York on
Q: Is my spouse responsible for at least a portion of debts we accrued when married?

We have a personal loan under both our names and a loan on my deferred compensation under just my name. Took the loans out to consolidate our debts. We have no children and no other assets in question other than my pension and deferred comp. Thanks very much for any advice you can offer.

Howard E. Knispel
Howard E. Knispel answered on Nov 11, 2020

Certainly an argument can be made that debts accumulated during the marriage, used for the household. Are marital debts and should be paid by both parties. Talk to an attorney for a more specific answer.

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