New York Divorce Legal Questions

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453 legal questions have been posted about divorce by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
New York Divorce Questions & Legal Answers
Do you have any New York Divorce questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 453 previously answered New York Divorce questions.

Recent Legal Answers

Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain rights, irrespective of what the divorce papers may say.  Any borrower or prospective seller will not know what happened in the divorce action.  They will only know what is recorded on the property records.  You must have her sign a deed.... Read More
Unless and until the deed is signed over, your wife is still a co-owner (tenant in common) with respect to the house and will still have certain... Read More
You are entitled to spousal support/maintenance.  However, you must file for divorce in order to have a court order that would require him to pay you.  You are also entitled to a marital portion of his retirement/pension.  You would have to have a court order in order for you to receive your share. You may be entitled to other equitable distribution as well. You should contact myself or another experienced divorce attorney to have a full consultation.... Read More
You are entitled to spousal support/maintenance.  However, you must file for divorce in order to have a court order that would require him to... Read More
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to be a marital asset.
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to... Read More

International Divorce

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Divorce
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I can provide you with a consultation and help you if you would like to go forward.  Feel free to give me a call.
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I... Read More
Good afternoon, You can bring a motion seeking to enforce your Judgment of Divorce/Stipulation of Settlement.  If your Stipulation provides, you may be entitled to attorney's fees.  Provisions with respect to custody and travel are important to review.
Good afternoon, You can bring a motion seeking to enforce your Judgment of Divorce/Stipulation of Settlement.  If your Stipulation provides, you... Read More
Since your Husband has vacated the premises, he cannot make a current complaint about any abuse.  Any such complaint would be unsubtantiated and would not result in any final order of protection.  Thus, there should be no impact or bearing on your license. You should keep a journal of any and all interactions, which includes dates and times and summaries of events.  This should be done contemporaneously with any such events.  Keep copies of all texts, emails and other communications.   If you do not already have security cameras at the exterior and interior of your premises, you should get cameras to record any relevant footage. However, I recommend before you provide your husband with any more money voluntarily, you should have a consultation with respect to your rights and potential liabilities as well as any potential spousal support rights that your husband may have.... Read More
Since your Husband has vacated the premises, he cannot make a current complaint about any abuse.  Any such complaint would be unsubtantiated and... Read More

Is our house a common marriage asset?

Answered 11 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Divorce
Good morning, Since the house was purchased prior to the marriage it is not a marital asset.  However, that does not mean you do not have a marital claim.  You do have a claim for some of the appreciation at the very least.  You would not be entitled to one-half the house in a divorce but you do have some legal rights. Let me know if you would like a further consultation.... Read More
Good morning, Since the house was purchased prior to the marriage it is not a marital asset.  However, that does not mean you do not have a... Read More
The issue is whether you have an executed settlement agreement as part of the mediation process.  If yes, then the answer is: it's whatever the agreement states you're responsible for.  If it's silent on the issue, then you're not responsible for paying the loss.  If you don't have an executed agreemnt, then this is an issue which must be resolved in further mediation.  Schedule a consult with a Divorce Attorney in your area for a full assessment.... Read More
The issue is whether you have an executed settlement agreement as part of the mediation process.  If yes, then the answer is: it's whatever the... Read More
The best way to find out if the action is still pending or has been disposed of is by checking with the county clerk. When you sthat that divorce is uncontested, are you saying that there are no issues with respect to child support, custody, spousal support, or equitable distribution of marital assets?   Did your wife retain an attorney or prepare the papers herself (pro se)?  You may want to contact the attorney or your ex-wife to find out the status. There are several affidavits that need to be submitted by both sides in order for a final judgment of divorce to be granted.  There are a number of other important forms that the plaintiff would need to submit as well.  ... Read More
The best way to find out if the action is still pending or has been disposed of is by checking with the county clerk. When you sthat that divorce is... Read More
If your divorce agreement required her to be fully responsible for a second mortgage that had your name on it, but then filed for bankruptcy, he/she is required to indemnify you as a result of any judgment.  You may need to bring a motion in order to enforce the terms of the divorce agreement.    Please contact me if you would like to have a further discussion.... Read More
If your divorce agreement required her to be fully responsible for a second mortgage that had your name on it, but then filed for bankruptcy, he/she... Read More
(1) Contact your lawyer & ask for a specific update on the Judgment package.  (2) Access the E-File system yourself so you can see what activity has been done on your case.  (3) If still not satisfied, hire another attorney.  For more info and/or a 2d opinion, call a Bronx Divorce Attorney to schedule a consult.... Read More
(1) Contact your lawyer & ask for a specific update on the Judgment package.  (2) Access the E-File system yourself so you can see what... Read More

My husband and I separated for a few years and during that time he had a child. However, er got back together and now the child's mother has a child

Answered a year and 4 months ago by Jason Alan Ostendorf (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In New York, biological parents are primarily responsible for supporting their children. As a stepmother, you are generally not obligated to pay child support for your husband's child from another relationship. However, if the biological parents' support is insufficient and the child is at risk of needing public assistance, the court may consider the step-parent's financial resources to ensure the child's needs are met. Given that your husband is unemployed, it's possible the court could look to your household income to support the child and prevent reliance on public assistance. It's advisable to consult with a family law attorney to understand your specific obligations and options in this situation.... Read More
In New York, biological parents are primarily responsible for supporting their children. As a stepmother, you are generally not obligated to pay... Read More

Divorce settlement says Buiding not property ,Does this matter before I sign ?

Answered 2 years and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Divorce
It's impossible to answer without knowing whether the property was acquired before or after the marriage, in whose name is the title to the property, and who paid for it. It would be a bad idea to sign any divorce agreement without having a lawyer review it first. 
It's impossible to answer without knowing whether the property was acquired before or after the marriage, in whose name is the title to the property,... Read More

Will I have to give my husband half of everything I have in a divorce.

Answered 2 years and 2 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Divorce
Your husband will probably be entitled to little or no share of your house or the joint bank account in your divorce.Since you bought the house before you married, it is not a marital asset. Therefore, he has no claim on it in a divorce, unless he put a very large amount of money into the property, in which case he might claim he has a constructive trust in it.As far as the joint account, if you had already filed for divorce you would've had no right to remove your husband's name, regardless of the fact that only you contribute to it. Your timing was excellent in removing his name now. Although you haven't mentioned it, if you have a job with a pension and your husband (as I suspect) does not, it's very important that you file for divorce as soon as possible to stop his share of your pension from continuing to accrue, keeping in mind that if he does have a pension, the same applies to you. The same applies to spousal support, which is calculated on the length of the marriage, up to the date you file for divorce. The additional caveat to filing as soon as possible is that if his income is significantly lower than yours, you can expect that he will file a motion for pendente lite relief, meaning a court order for spousal support and attorney fees from you, shortly after you file for divorce. Alimony is calculated according to a state mandated formula producing a range for an amount and length of time for spousa support to be paid, based on your joint incomes and length of the marriage. A skilled divorce attorney can often defeat or greatly reduce an award in that situation, depending on the particular case. ... Read More
Your husband will probably be entitled to little or no share of your house or the joint bank account in your divorce.Since you bought the house... Read More

How can I expedite a uncontested divorce that hasnโ€™t settled in 3 years

Answered 2 years and 2 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Divorce
Much more information is needed before your question can be answered. What stage is your divorce? Do both parties have attorneys? Has a divorce settlement agreement been signed by all the parties and their attorneys? Has the "packet" of divorce papers been submitted to the clerk for review before it goes to the judge to sign the decree? Or is it with the judge? Or are there outstanding papers that need to be drafted and signed?  Even in this age of no-fault divorce and even in an uncontested divorce, there is a mountain of paperwork that needs to be submitted to the court before the decree is signed by the judge. Once that paperwork is submitted, it is appropriate for your attorney to make periodic calls to the clerk to ascertain the estimated time before the papers will be reviewed by the clerk or the judge, depending on the stage. If corrections need to be made, the clerk will inform the attorney or party who submitted the papers. Once you answer these questions, you'll get a more helful answer. ... Read More
Much more information is needed before your question can be answered. What stage is your divorce? Do both parties have attorneys? Has a divorce... Read More

Can the money from the house sale be dispersed before the divorce is done

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

What type of lawyer do I use if I found assets not listed in a divorce?

Answered 2 years and 8 months ago by Jason Alan Ostendorf (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I see that you are in New York. As an Annapolis divorce lawyer, my legal knowledge is limited to the laws of the state of Maryland, which may differ from the laws in your state. Having said that, even after a divorce has been finalized, it may be possible to address hidden or undisclosed assets if they come to light. However, the process can be complex and the laws that apply can vary significantly from state to state. For instance, some states operate under "equitable distribution" laws where assets are divided fairly, but not necessarily evenly, while others, like Maryland, are "community property" states, where all property and assets acquired during the marriage are generally divided equally. In a situation where a divorce has already been finalized, it's important to act swiftly. Time limits may apply for bringing such matters back before the court. It may be necessary to file a motion to reopen the divorce case, or there might be other legal avenues available depending on the specific circumstances and the laws of your state. Because of the potential complexity and the significant impact these matters can have on your financial future, it's crucial that you seek out a New York attorney who has experience in divorce litigation and who can provide guidance tailored to your specific situation. While I can provide general advice based on my knowledge and experience in Maryland, a local attorney will be able to help you understand the details of New York law and how they apply to your case.... Read More
I see that you are in New York. As an Annapolis divorce lawyer, my legal knowledge is limited to the laws of the state of Maryland, which may differ... Read More

If a couple have lived a fairly equal life monetarily, how should the financier be distributed

Answered 3 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Whose name a particular item is held in is not usually relevant to determining how the asset is to be divided in a divorce. With narrow exceptions (premarital property, inheritance, gift to an individual, award in a personal injury lawsuit) the question is whether the asset was obtained during the marriage, which is defined as from the date of marriage to the date of the first filing for divorce. Whether you earned approximately the same amount during the marriage is also generally irrelevant when it comes to a discussion of equitable distribution.... Read More
Whose name a particular item is held in is not usually relevant to determining how the asset is to be divided in a divorce. With narrow exceptions... Read More
A: How quick your divorce takes depends in part in the county you file the divorce in, as well as how quick the parties are to return the necessary documents.  One also needs to know whether there's any children and/or property/assets involved (even if the latter is going to be waived) as that may slow down the process somewhat.  Schedule a consult with a Divorce Attorney in your area for a full assessment.... Read More
A: How quick your divorce takes depends in part in the county you file the divorce in, as well as how quick the parties are to return the necessary... Read More

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Answered 4 years and 7 months ago by attorney David Bliven   |   1 Answer   |  Legal Topics: Divorce
A: There is no self-help in NY - while he can ask you to leave, he can't force you to leave.  If he tries to do so, call the police.  You should otherwise schedule a consultaiton with a Divorce Attorney in your area as soon as possible.
A: There is no self-help in NY - while he can ask you to leave, he can't force you to leave.  If he tries to do so, call the police.  You... Read More
An out fo state notary should be fine.  However, a New York summons does not require a notary so you do not have an issue with that. If you are taking about the divorce complaint, then again, an out of state notary should work.   This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read More
An out fo state notary should be fine.  However, a New York summons does not require a notary so you do not have an issue with that. If you are... Read More

Tax question

Answered 4 years and 11 months ago by Susan Chana Lask (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I think its 21.    This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.
I think its 21.    This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire... Read More

How can I find out if my spouse submitted divorce papers?

Answered 4 years and 11 months ago by Susan Chana Lask (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Try https://iapps.courts.state.ny.us/webcivil/ecourtsMain   go to supreme court a sthat's where divorces are filed.  Type in your name and see if anything appears.   This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read More
Try https://iapps.courts.state.ny.us/webcivil/ecourtsMain   go to supreme court a sthat's where divorces are filed.  Type in your... Read More

Can my wife legally make me leave the house

Answered 4 years and 11 months ago by Susan Chana Lask (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She cannot make you leave your home.  That can only be done by a court order, and usually that happens if there's physical or mental abuse involved. Good Luck.  This is not legal advice nor does it create an attorney client relationship. It is just informational. You should hire an attorney if you want to pursue a legal matter.... Read More
She cannot make you leave your home.  That can only be done by a court order, and usually that happens if there's physical or mental abuse... Read More

Can a primary borrower sue the co-signer?

Answered 5 years and 8 months ago by Jacob Rubinstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Not really, you can try to appeal to his humanity. If that does not answer your question, feel free to respond with more details.
Not really, you can try to appeal to his humanity. If that does not answer your question, feel free to respond with more details.