Get free answers to your Divorce legal questions from lawyers in your area.
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More 
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
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 have been married 5 years and both got our current jobs after marriage.
She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?
answered on Oct 6, 2023
You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More
I recently submitted a report with links to substantial evidence (PDFs of the full report, screenshots of phone messages to them and to me, all clearly dated and cross referenced; via my Google Drive) detailing my ex wife's infidelity throughout our dating, engagement, and marriage, with... View More
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answered on Sep 9, 2023
Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More
Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More
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answered on Sep 7, 2023
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
What we can say... View More
My spouse is the money earner. During the marriage I paid the bills. He gives me a hard time giving enough money. And complains about how I pay things. I told him he can take over paying the bills. He doesn’t want to and threatened to charge me with financial abandonment.
answered on Aug 18, 2023
There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck
answered on Aug 8, 2023
Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.
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?
Now divorcing - is husband entitled to a portion of their current value (commingled funds)
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answered on Aug 4, 2023
In New York, property acquired before marriage is generally considered separate property and is not subject to equitable distribution in divorce. However, the situation can become more complex if separate property becomes commingled with marital property during the marriage.
Commingling... View More
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More
answered on Aug 4, 2023
I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that... View More
Can I get him to pay for my lawyer or do I have to use legal aid
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answered on Jul 27, 2023
. If one spouse has more financial resources than the other, the court may consider awarding attorney's fees to the financially disadvantaged spouse.
If you believe that you cannot afford an attorney and your husband has significantly more financial resources, you may request the court... View More
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.
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
answered on Jul 19, 2023
Both the RP 5217 and the TP 584 need to be prepared and submitted with the deed for filing. Pay close attention to the grantors (must be the same as the deed from which the owners’ acquired title) and to the grantees (to ensure you are taking title how you wish). Consider hiring an attorney,... View More
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.
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