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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: I filed a stipulation discontinuing action in my divorce under duress; is there any way to cancel the action and resume?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
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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1 Answer | Asked in Divorce for New York on
Q: My soon to be ex husband is getting married this weekend but our judge hasn't siged off on the divorce decree yet.

I was under the impression that we are not divorced until the judge says so..

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 21, 2023

If the judge already granted the divorce when you were in court then you are divorced as of that day. If the judge did not grant a divorce on the record in court, then you are not divorced until the judgment is signed.

1 Answer | Asked in Divorce for New York on
Q: If he has put the house up to purchase another place can he do so if my name is on deed and Mortgage we got Divorced in

2004 if not what can I do about this matter he has ruined my credit and social security has this a asset on me

Jack Mevorach
Jack Mevorach
answered on Jun 20, 2023

What do your final divorce papers say about the house? If you appear on the deed, the house cannot be sold without you. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Divorce for New York on
Q: If he has put the house up to purchase another place can he do so if my name is on deed and Mortgage we got Divorced in

2004 if not what can I do about this matter he has ruined my credit and social security has this a asset on me

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 20, 2023

It all depends on what the divorce judgment and/or the agreement you may have entered into says

1 Answer | Asked in Divorce for New York on
Q: I got Divorced in 2004 he is to pay the rest of attorney fees he has yet 6%is to be added to balance is that everyday

Or month and a quick claim deed done by 2009 but now he can't refinance

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 19, 2023

The interest is added yearly.

2 Answers | Asked in Divorce for New York on
Q: Do I get less child support if my husband had another child while we were separted?

I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 12, 2023

Having a child support order involving another child would be a deduction from his income but you would still be entitled to a child support order for your children. Speak to a lawyer to go over your specific case.

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2 Answers | Asked in Divorce and Domestic Violence for New York on
Q: How does a divorce work in NY when intimate partner violence is occurring? Questions below.

I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 8, 2023

Your friend needs to file for an Order of Protection in Family Court. Have your friend contact an attorney.

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1 Answer | Asked in Divorce for New York on
Q: Can I keep my car parked at my house after divorce and still owning 50 percent until house is sold? Nobody is living in
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 8, 2023

If you are still an owner and no one is living in the house and there are no prohibitions in any court orders or any agreements you may have signed, you can park at the house.

1 Answer | Asked in Divorce for New York on
Q: My spouse is demanding I sign a separation agreement and is attempting to give me money to sign it, is this legal
Howard E. Knispel
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Howard E. Knispel
answered on Jun 7, 2023

There is nothing illegal for offering a cash settlement for signing a separation agreement.

1 Answer | Asked in Divorce for New York on
Q: can my spouse offer me money to sign a separation agreement
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 7, 2023

She can offer you money or anything else but you do not have to sign. Speak to an attorney to see if it is in your best interest to sign.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: What is my legal obligation to answering the phone of my abusive wife since we have a kid together
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 6, 2023

You have no obligation to answer the phone.

1 Answer | Asked in Divorce for New York on
Q: Can i get free uncotested divorce filing help . I am on snap benefits. Thank you
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2023

This is something that the divorce attorneys on this forum would know best, but your question remains open for three weeks. Until you're able to speak with attorneys who are knowledgeable in this area, here's a link to a page on this site that lists some resources. Good luck

New...
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1 Answer | Asked in Divorce for New York on
Q: Do I have to vacate my house if my spouse doesn’t want me to live with her anymore?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2023

You do not have to vacate the marital residence absent a court order. You have as much legal right as your spouse. However if she claims it is unsafe for her to live with you she could attempt to obtain a court order. Speak to an attorney.

2 Answers | Asked in Divorce for New York on
Q: I need to get a divorce but I don’t have an address for him going on a year

He abandoned me over a year and I need closure

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 24, 2023

That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.

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1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for New York on
Q: What is the harshest punishment someone can get in NYS for willful non payment of child support?

If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.

Without getting into the utterly incompetent...
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1 Answer | Asked in Divorce for New York on
Q: Hi! I would love to know how I can find pro bono divorce lawyers in NY. Thank you!
Tim Akpinar
Tim Akpinar
answered on May 20, 2023

This is something that the divorce and family law attorneys here would know best, but your question remains open for three weeks. Until you're able to consult with attorneys who are knowledgeable in this area of law, here is a page to Justia's resources, located at a different part of... View More

1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I'm disabled and can't get to a court to file separation or divorce papers. What can I do to file
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 11, 2023

Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Looking into how to get a divorce in Columbia county New York when I have no income.

I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al

2 Answers | Asked in Divorce for New York on
Q: What can be done about ex-wife not changing name back to maidan name?

Its in the divorce agreement and its been almost 3 years since the divorce has been finalized.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 24, 2023

Absolutely nothing. A spouse MAY resume their prior name but there is no requirement they do so.

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1 Answer | Asked in Divorce for New York on
Q: My ex husband stopped paying my spousal support, my health insurance policy and reduced his life insurance, what can I d

He has been withholding payments for a couple of years. My children get financial aid for college because I don’t have an income, but I am responsible for room and board, he found my eldest a one bed apartment because he knew I was solely responsible for board and food. I was forced to move back... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2023

Much depends on the wording of your divorce. Spousal support ends on a date certain as spelled out in the divorce. Child support ends at 21 or upon emancipation. If he is in violation then a court case in Family Court should not cost the numbers you are being quoted. What county is this in?... View More

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