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New York Divorce Questions & Answers
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

1 Answer | Asked in Divorce for New York on
Q: Me and my wife are separated and I see kids on my day off. Without a court order can she refuse to let me take them?

My youngest has a fever and she says he can’t leave the house.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 16, 2023

Without a court order your rights are not spelled out. You need to go to court for an order. Soeak to a lawyer.

1 Answer | Asked in Child Support and Divorce for New York on
Q: If I pay child support by mutual agreement not through court. Does that money count towards mortgage etc

Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.

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

Child Support and mortgage payments are not related unless a court order specifically says so.

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am in NY. My husband filed and served me divorce papers. I do not want the divorce and therefore don’t want to sign.

He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... View More

1 Answer | Asked in Divorce for New York on
Q: What is name of official divorce form i need to start collecting a pension. The company is not excepting my divorce docu

I have judgement of divorce which company isnt excepting so i can collect my pension as single

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.

1 Answer | Asked in Divorce for New York on
Q: My husband sent me divorce papers I signed them. Do I have to go to court with him for this to be ended?

He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.

1 Answer | Asked in Divorce for New York on
Q: I’m married 35 years husband out of house 2 years living in NJ with a 30 year old who is married got her pregnant ,

Has not paid my Morgage or giving a dime . Has a company he has not paid taxes on in 20 years cashed checks with a Ein # not legal what do I do

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 20, 2023

You should see a divorce lawyer. Depending on your respective income there can be an award of spousal support.

2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 1, 2023

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Divorce for New York on
Q: Can you skip income and medical sections on divorce papers if no one is asking for support or didn’t have joint medical?

It’s for a fully uncontested divorce with no children

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

It's unclear exactly which form you're referring to. If there are children involved, you must (at the least) submit the child support worksheet - though it's advisable to submit a full stipulation of settlement. Schedule a consult with a NYC Divorce Attorney for a full assessment.

1 Answer | Asked in Divorce for New York on
Q: How do I enforce a divorce decree against a POA who stopped sending alimony payments when an ex spouse fell ill.

They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... View More

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

You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.

1 Answer | Asked in Divorce for New York on
Q: If I was married in Costa Rica and want a divorce now I am in the United States, what options are there?

A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.

What options are available for divorce?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 19, 2023

It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.

1 Answer | Asked in Divorce for New York on
Q: Hello, If i start receiving my own SS will that affect my monthly maintnenace from my Ex?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 27, 2022

Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.

1 Answer | Asked in Divorce for New York on
Q: my wive's lawyer wants me to sign a consent to have access to my salary information at work. Can i decline?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 30, 2022

Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.

1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

2 Answers | Asked in Divorce for New York on
Q: Why uncontested divorce status is still RJI pending after a year? When will I be granted the divorce?

No assets

One minor child

V Julia Luyster
V Julia Luyster
answered on Nov 13, 2022

Possibly additional papers need to be filed. Did you file Findings of Fact and Conclusions of Law and a proposed judgment? Do you have a Parenting Plan agreed to in writing?

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1 Answer | Asked in Divorce for New York on
Q: Am I able to file for an uncontested divorce and handle the custody/child support issue at a later time?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 8, 2022

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

1 Answer | Asked in Divorce, Family Law and Elder Law for New York on
Q: If a husband walks out, is he financially responsible for shared bills?

My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... View More

1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... View More

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

1 Answer | Asked in Divorce for New York on
Q: After the stipulation of discontinuation in divorce case is filed, is it possible to find it on public search? Thanks

Can anyone find out in public search that the divorce action was started in the court even it is discontinued?

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

Divorce cases in New York are private and you can not search the individual matters records.

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