Get free answers to your Divorce legal questions from lawyers in your area.
My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?
answered on May 28, 2024
Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More 
Internet addiction to the research of the strawman stuff;
answered on May 16, 2024
There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent. (c) Party a mentally retarded person or mentally ill person. (d) Physical incapacity. (e) Consent by force, duress... View More
answered on May 12, 2024
This is something that a divorce attorney would know best, but your question remains open for two weeks. Here's a link to a page on this site:
https://www.justia.com/lawyers/divorce/new-york/legal-aid-and-pro-bono-services
Some of the resources on that page look like... View More
We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
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
I am an immigrant with a work permit and Social Security card. My husband, who filed for asylum, is divorcing me because he has another family. I have two kids. What will happen to my immigration status and my children during this divorce, considering my work permit might be tied to my... View More
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answered on Apr 21, 2025
If you were included as a dependent on your husband's asylum application, your work permit is likely tied to his status as the principal applicant. A divorce may jeopardize your derivative asylum status and could affect your employment authorization. Depending on the outcome of your divorce... View More
I co-signed a mortgage for a co-op apartment with my ex-wife during our marriage. The apartment was awarded to her by a Divorce Decree in 2016. However, she is now about to default on the mortgage and won't respond to my calls or texts. I'm concerned I may also be held responsible for the... View More
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