New York Divorce Legal Questions

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

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

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

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

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 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

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

(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

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

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

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

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

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

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

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

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

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