Get free answers to your Divorce legal questions from lawyers in your area.
I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?
![Carl Nelson Carl Nelson](http://justatic.com/profile-images/1666614-1636484436-sl.jpeg)
answered on Jun 19, 2023
You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 14, 2023
There is no statute of limitations on filing for a divorce. As long as the parties are still alive and married to one another, a divorce petition can be filed.
As between a lawyer and his/her client, any time constraints would be governed by the attorney employment agreement between them.... View More
My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More
![Howard E. Knispel Howard E. Knispel](http://justatic.com/profile-images/1190158-1452719496-sl.jpg)
answered on May 24, 2023
Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More
![Howard E. Knispel Howard E. Knispel](http://justatic.com/profile-images/1190158-1452719496-sl.jpg)
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
![Lawrence Allen Weinreich Lawrence Allen Weinreich](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
![Peter Christopher Lomtevas Peter Christopher Lomtevas](http://justatic.com/profile-images/1264703-1447107171-sl.jpg)
answered on Mar 21, 2023
There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.
Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker... View More
I need a protective order and divorce help please
![Carmen M. Rodriguez Carmen M. Rodriguez](http://justatic.com/profile-images/1177658-1667263636-sl.jpeg)
answered on Feb 26, 2023
If you are in immediate danger call 911
The National Domestic Violence Hotline is 800-799-7233
Safe Horizon contact is 1-800-621-HOPE (4673)
There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)
212-400-6470... View More
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
![Lawrence Allen Weinreich Lawrence Allen Weinreich](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Feb 9, 2023
Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
![Marco Caviglia Marco Caviglia](http://justatic.com/profile-images/1139967-1608904875-sl.jpg)
answered on Feb 14, 2023
On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
![Howard E. Knispel Howard E. Knispel](http://justatic.com/profile-images/1190158-1452719496-sl.jpg)
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
![David Ivan Bliven David Ivan Bliven](http://justatic.com/profile-images/1249186-1500916464-sl.jpg)
answered on Jan 27, 2023
The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
![Mary Theresa Colwell Mary Theresa Colwell](http://justatic.com/profile-images/1050716-1650396365-sl.jpeg)
answered on Jan 30, 2023
Unless you waived the option to have the right to seek a modification every 3 years or upon a 15% change in the payor's income, you can seek one whenever it is warranted. You can always seek a modification based upon a change in circumstances, such as the needs of the child have changed. If... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
![Howard E. Knispel Howard E. Knispel](http://justatic.com/profile-images/1190158-1452719496-sl.jpg)
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
![Lawrence Allen Weinreich Lawrence Allen Weinreich](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jan 4, 2023
It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More
![V Julia Luyster V Julia Luyster](http://justatic.com/profile-images/538211-1657986252-sl.jpeg)
answered on Jan 4, 2023
I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... View More
![Mary Theresa Colwell Mary Theresa Colwell](http://justatic.com/profile-images/1050716-1650396365-sl.jpeg)
answered on Dec 2, 2022
New York does not recognize common law marriage therefore no spousal support would be ordered. However, if you own property together you may want to contact an attorney to determine if you have a case for small claim, Constructive trust or partition.
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
![Steven Warren Smollens Steven Warren Smollens](http://justatic.com/profile-images/1127905-1671726185-sl.jpeg)
answered on Dec 22, 2022
Dear New York Tenant:
You do not owe rent to your husband, and if a victim of domestic violence you have special rights to seek to cancel the lease. Leave the notion of paying a share of rent up to the divorce court. Your husband does not have a cause of action to compel you to pay and if... View More
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
![Daniel Michael Luisi Daniel Michael Luisi](http://justatic.com/profile-images/1612973-1667906983-sl.jpeg)
answered on Nov 29, 2022
If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... View More
So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... View More
![David Ivan Bliven David Ivan Bliven](http://justatic.com/profile-images/1249186-1500916464-sl.jpg)
answered on Nov 21, 2022
It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.
We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... View More
![David Ivan Bliven David Ivan Bliven](http://justatic.com/profile-images/1249186-1500916464-sl.jpg)
answered on Nov 21, 2022
One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... View More
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