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.
Does it count as a divorce? Are the divorce laws applicable in such cases?
Long after we were married, my wife’s parents gifted their property to their three kids. My wife and her two siblings each own one-third of their parents’ property. Is my wife’s stake an asset that is split in a divorce, or does she keep the entire $85K
answered on Oct 14, 2023
A gift is not marital property unless she does something to make it marital (comingling or transmutation) It would normally be separate property not subject to equitable distribution.
we are in divorce process. she lives with my sister and i live in family home. we both own it. we were both arrested as she accused me of blocking access to home, and she was arrested for criminal mischief and destruction of property after sawing the locks. There was no violence. We were both... View More
answered on Aug 5, 2023
You should be hiring an attorney because the prosecutotial might of the Stste of New York is coming after you for whatever crimes you face. You were arraigned. Weren't you informed of the right to hire counsel?
Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.
When I filed for a divorce in Florida, the case in Queens NY had been dismissed. When my wife learned that i was filing in Florida, she hired a divorce lawyer in Queens who submitted a statement of Facts about me and her being residents of Queens even though had been a registered voter in St... View More
answered on Jul 21, 2023
File a motion to vacate the default and dismiss the case.
The original court order was established in 2017. We submitted our Financials (three years tax returns, W2's, 3 recent pay checks) The magistrate came up with a number and that was it. I filed for a modified recently and the non custodial parent tried to get my petition dismissed. The... View More
answered on Jul 13, 2023
A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More
answered on Jul 10, 2023
Your pension is an asset, not support. Her re-marraige is irrelevant. Unless there is some specific clause that limits her ability to receive her share of the pension, she receives it.
Hi.
I’m reading a title now where the husband and wife took title in 1966 as John Doe and Jane Doe, his wife. Said husband has passed and contract of sale shows “Jane Doe as to 50% and the executrix of the will as to the decedents 50% as sellers”.
Since title was never... View More
answered on Jul 8, 2023
The divorce severs the entirety interest and creates a tenancy in common. Accordingly the contract is right.
Orders done from the courts, I think I have gave him plenty of time to take care of this matter social security has informed me I have a Asset from this house so they put a hold on my account trying to see what I can do can I Sui him for all this there is still 500.00 of attorney fees I pd but... View More
answered on Jul 3, 2023
If this was a divorce order, you can file a motion to compell or contempt. Contact an attorney.
I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.
answered on Jun 22, 2023
Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.
answered on Jun 22, 2023
You should immediately speak to an attorney about this as you will have to explain what happened and then file a motion in that regard. In the end, it will be up to the judge to decide if your explanation was good enough.
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