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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: When in the process is the non-monied spouse awarded support by the monied spouse for an attorney.

If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?

In this case... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 26, 2022

Even though there is a statute that presumes a need for counsel fees for the non-moneyed spouse (Domestic Relations Law §237), judicial expertise is needed once the non-moneyed spouse makes a motion for fees. Many judges do not know they can award counsel fees, and many judges use the withholding... Read more »

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1 Answer | Asked in Divorce for New York on
Q: My spouse want to subpoena eBay and Paypal as part or discovery?

I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.

How successful will my spouse be? What would be the outcome? How many years can they get a report?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 24, 2022

She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.

1 Answer | Asked in Divorce for New York on
Q: What does RJI pending mean in uncontested divorce

No assets

One minor child

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 16, 2022

It means that the RJI hasn't been filed yet.

1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Divorce and Legal Malpractice for New York on
Q: What is the purpose of a Referee's report in a NY State divorce? Is Property Settlement based on referee's report?

In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 2, 2022

As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.

An uncontested divorce means both sides do not contest a distribution of...
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1 Answer | Asked in Divorce for New York on
Q: I just need help getting a divorce. I'm on disability and have a very limited budget.

We haven't been together since 12/2011 and we weren't married even a year. Child support and custody are already done and we have no shared assets or money

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should try contacting Legal Aid to see if they will represent you.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I need to "RJI" on this case or it is already taken care of? How can I know if RJI was already filed?

RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***

My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 25, 2022

If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.

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2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 17, 2022

NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.

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1 Answer | Asked in Divorce and Real Estate Law for New York on
Q: Can your ex sue for half the profit of a sold property after she signed the deed over?

Property was stated to be sold by a specific date in the decree. Didn't happen. A year and 4 months after the date passed, she signed the deed over to me through a warranty deed. Now is threatening to go to supreme court.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 4, 2022

It depends on the agreement of the divorce or the court order. If she was entitled to a share of the sale, regardless of the deed being signed, unless there was a subsequent agreement in writing, or court order, then that is what is owed.

1 Answer | Asked in Divorce for New York on
Q: How is the Majauskas formula applied to divide a 401k through a QDRObefore retirement age?

I would like to divide my 401k and give my ex her portion asap. We are in our 50s and live in NY. The divorce decree states" the Wife shall be entitled to a Majauskas share of the husbands 401-k as of the date of commencement of the matrimonial action that was pending at the time such... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

The Majauskas formula is 50% × years of service credit accrued during marriage (numerator)÷ total service credit at time of retirement (denominator). As we are not told the date of marriage (presented by way of an assumption of 30 years), the asker can do his own math.

Causing money from...
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1 Answer | Asked in Divorce for New York on
Q: Can I find a trained collaborative divorce attorney as probono? I am Asian immigrant mom who has 2 daughters ( 6&10 ).

Also I need an advice from well trained about divorce with a special need child for a future single mother. Please let me know. Thank you for your help!

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

Such a request may go unanswered. Divorce requires an assumption of risk by the attorney that can cost plenty. Sanctions are freely administered by judges, and lawyers will not fund sanctions for the pro bono client. Experts may be needed, and again, lawyers will not fund those.

We also do...
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2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her... Read more »

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: I would like to know if I can get assistance to divorce or null my marriage?

I married a woman in November/2021 we never lived together and We are not in communication. I need help because of this situation I don’t even know how to file my income tax/2021

Please advice

Thank s Ana Fernandes

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 14, 2022

The asker should retain an accountant to do her taxes and should retain counsel to prosecute her divorce. All of the legal nuances written into New York's divorce law require professional assistance. There is no way to self-prosecute without making huge, life-impacting errors.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 10, 2022

You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.

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2 Answers | Asked in Divorce for New York on
Q: What can i do if my husband wants me to sign an uncontested divorce forms waiving my rights for child support or alimony

We've been married for 15 yrs, and have a son together. He filled out the affidavit as me and I do not agree to what he put on the form so he can file for a divorce.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 8, 2022

DO NOT SIGN. See an attorney to find out what your rights are. You do not have to sign anything. You have rights and you do not need to be bullied into signing anything.

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1 Answer | Asked in Divorce for New York on
Q: My ex wife and I get divorced. But she threatening to sue me bc I owed her 8000 dollars. We had a little business in Dr.

But everything went down with the corona virus situation., no more entry,but I did not have contract with her. What should I do? Can she actually sue me?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 21, 2022

If you had a divorce agreement or settlement that said that you were going to pay her $8,000 for the business, then yes you owe her the money and she can sue you. You took the chance of what would happen with the business - good or bad.

2 Answers | Asked in Divorce for New York on
Q: I'm separated, I was told I need to get a seprarion agreement so my ex and I can file for our taxes separately.

We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 18, 2022

You can file your taxes seperately. What you do is file as married filing seperately. Talk to your tax preparer about that. To do a seperation agreement you should consult with an attorney. However, if you want to get a divorce, you should do that as depending on circumstances you will do a... Read more »

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2 Answers | Asked in Divorce and International Law for New York on
Q: Who may have authority over the children?

If a United States Citizen gets married to a British citizen. Both now live in England, having now two children. A divorce is in the question, who has authority over the children?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

This is a question for an English attorney as the parties and children reside in England and English law would apply.

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1 Answer | Asked in Divorce for New York on
Q: My husband died recently. His previous wife owes him a settlement from their divorce. Can I collect that money from her?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 7, 2022

The settlement belongs to your late husbands' estate. The estate should collect what is owed and then dispurse it pursuant to his will.

2 Answers | Asked in Divorce for New York on
Q: I married I’m in the process of moving out would this be considered abandonment & exclude me in get my share in divorce

Would I be excluded from equable share of property if I move out of our marital home if I consider divorce?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 3, 2022

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.

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