Get free answers to your Divorce legal questions from lawyers in your area.
It is the second time that the opposing counsel "the Plaintiff" sends messages to me "the defendant" in a matrimonial proceeding in Supreme Court Kings County NY that I should stipulate the court and request a 90 day postponement to our proceeding "let your attorney draft a... View More 
answered on Aug 28, 2024
I have no idea. I would have to have all the information about your case.
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024
Hire a NY attorney for file suit for a Sale For Partition.
We were married in 1991 in CA and have grown children, no property and the divorce would be uncontested. I have lived in Dutchess County since July of 2021. There are no assets. I have student loan debt that was taken out in my name for our child's college, but I might be willing to take that... View More
answered on Jun 16, 2024
If you want to get divorced in California you need to post this in a California forum. You will need to make sure you have jurisdiction in California.
answered on Jun 16, 2024
It sounds as if your initial case was closed and then later on the clerk made a note. You should double-check with the clerk/Court or the Judge.
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
They moved in together after 5 months. Her 2 boys are 16 & 7. Our kids are 11 & 6 (our 11 yr old is a boy and 6 yr old is a girl). Her youngest is autistic. (This isn't a huge issue but I work healthcare and have seen different spectrums of autism; i don’t know if he has difficult... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2024
We are not family court judges set up to decide matters of sleeping arrangements of children. We can educate perhaps to a limited extent as much of what we say sounds incredible. The law has evolved substantially in recent years, and the ends justify the means in many cases.
As for the... View More
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?
answered on Mar 6, 2024
Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.
I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023
Court date purpose : Uncontested Matrimonial-Initial Submission
Fully Virtual : No
Court Date Type : Administrative
What that mean please help me to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More
In divorce agreement it says I have to pay until December 2024. Shortly after her marriage her new husband died and left her a house and everything he owned.
answered on Feb 18, 2024
I would have to see the exact language in the agreement. However, typically, once an ex-spouse re-marries, you no longer have to pay spousal maintenance.
I filed Chapter 7 in May last year. I am also getting divorced. I have a chapter 7 deposition coming up. Now creditor is asking for all the divorce documents including my children's social security numbers. Do I have to provide my children's social security number or is there a law... View More
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 11, 2024
The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.
Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.
answered on Jan 24, 2024
The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.
answered on Jan 15, 2024
If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
answered on Dec 24, 2023
An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.
I thought the separation agreement was already filed with the court, but apparently not. Now I’m being served a divorce summons?
answered on Dec 14, 2023
Separation Agreements do not have to be filed with a court until it is used for the divorce. Agreements are valid in and of themselves. They are used to be the basis of a divorce. Talk to an attorney.
Can husband and I waive net worth statement for NY divorce if we both agree? No kids, we both work, and I earn much more. I consulted with a lawyer before that net worth statement is not required in NY, so how do I waive it? Or do I simply not submit net worth statement?
answered on Dec 6, 2023
The only way to do that is to have it in writing that you are each waving financial disclosure and the filing of a Net Worth Statement.
answered on Dec 1, 2023
That is simple standard language that gives the court the ability to grant other or different relief based on the evidence, than what was asked for. It is common language in a motion.
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
