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COVID-19 New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: I had a Pende lite with an Order to Show Cause granted by the Supreme Court Judge overseeing my divorce.

The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 27, 2021

It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what... View More

2 Answers | Asked in Divorce for New York on
Q: I need consultation regarding a possible divorce.

I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 14, 2021

It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to... View More

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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... View More

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1 Answer | Asked in Divorce and Family Law for New York on
Q: I am being pushed out of my home in the midst of covid and need to know my rights. I need legal assistance.

I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.

Kevin Abessi
Kevin Abessi
answered on Dec 1, 2020

Hi.

Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without...
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2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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3 Answers | Asked in Child Support and Divorce for New York on
Q: Uncontested divorce lacks sufficient child support amount, action will be dismissed in 30 days, what is the action

We used a well know service provider, neither party was given copies of paper work. They are not open due to covid-19. The support amount is of by 2 dollars. Will the application for divorce be thrown out over this issue? The court has given me or us 30 days to provide the documentation or the... View More

George E. Patsis
George E. Patsis
answered on Apr 22, 2020

Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all... View More

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