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 - Page 10
Do you have any New York Divorce questions page 10 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

Who is responsible for the retention of attorneys?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
What you heard is incorrect. You have to retain your own lawyer, regardless of who filed for the divorce. However, if there is a disparity in the amount of income each party has the Court can require that the party who makes more pays for both attorneys - or at least some of the other attorney's cost.... Read More
What you heard is incorrect. You have to retain your own lawyer, regardless of who filed for the divorce. However, if there is a disparity in the... Read More

My ex retired NYPD 2011 and has not file for QDRO can I file a motion for contempt?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need an order to show cause - but the first question is - what's in that "mutual agreement."
You need an order to show cause - but the first question is - what's in that "mutual agreement."

i can not find my divorce lawyer to find out why i have not heard about my ex husbands 401K that i was suppose have received

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
First, call Lexington and ask them. Second, find out if your lawyer is still alive. Third, if nothing else works, find another lawyer to follow up.
First, call Lexington and ask them. Second, find out if your lawyer is still alive. Third, if nothing else works, find another lawyer to follow up.

i can not find my divorce lawyer to find out why i have not heard about my ex husbands 401K that i was suppose have received

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Find another attorney.
Find another attorney.

Must my husband receive a portion of my pension when we divorce? Heis an attorney and has a great earningnpotential?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
His entitlement would depend upon the circumstances, and, remember - if he received his license to practice during the marriage then his earnings potential is also subject to equitable distribution.
His entitlement would depend upon the circumstances, and, remember - if he received his license to practice during the marriage then his earnings... Read More

Divorce agreement / Stipulations. Can't afford above Child Support and Maintenance

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The first question is: why can't you afford the spousal support costs. The second is: what kind of an order requires you to pay them. If it's a settlement agreement you have to show unanticipated and substantial change in circumstances and you have to do so in the context of a plenary action in State Supreme Court.  ... Read More
The first question is: why can't you afford the spousal support costs. The second is: what kind of an order requires you to pay them. If it's a... Read More

My ex was supposed to sell the marital home when our son turned 18 (7 yrs ago). What court do I petition to have this enforced?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you've waited seven years you may have a serious problem: the statute of limitations on contracts is six years. However, if there is a basis other than a settlement agreement on which you can proceed you would do so in the court that issued that judgment or order.
If you've waited seven years you may have a serious problem: the statute of limitations on contracts is six years. However, if there is a basis... Read More

already spent $10,000, cannot afford to pay anymore to my lawyer, but he may quit if i dont come up with more $$$$ help!!!

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The critical question is: why did your income go down? If it was to lower your child support obligation or if you are still capable of earning the larger amount the court may impute income to you, thus effectively basing your child support obligation on the higher number.
The critical question is: why did your income go down? If it was to lower your child support obligation or if you are still capable of earning the... Read More

What evidence of alcohol abuse should be collected to help with custody decision?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Court ordered testing will likely be your best evidence.
Court ordered testing will likely be your best evidence.

Can my ex-husband's Fiance post a picture of my ex and our daughter in a You Tube Video?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If he or she has a legal right to the copyright in the photograph, yes.
If he or she has a legal right to the copyright in the photograph, yes.

can a Jamaican citizen divorce his spouse living in Canada if they have not been together for four years?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He can seek a divorce in a jurisdiction in which he meets the residency requirement.
He can seek a divorce in a jurisdiction in which he meets the residency requirement.

Transferring the title to my mobile home just in my name

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Free isn't the issue. You can't just transfer a title - he is an owner. Presumaby you did't have a lawyer when you did your divorce - this should have been handled at the time. You'll have to resolve it through negotiation or go back to court.
Free isn't the issue. You can't just transfer a title - he is an owner. Presumaby you did't have a lawyer when you did your divorce - this should... Read More

Will i lose my home or my car

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
On the house, certainly not...on the car, it will require more information.
On the house, certainly not...on the car, it will require more information.

I live in NY and have no clue where he is. We were married in South Carolina. How do I go about a divorce?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That you can't find him doesn't mean an attorney can't. Consult one, and if he truly can't be found you can seek court permission to serve notice of the divorce via publication.
That you can't find him doesn't mean an attorney can't. Consult one, and if he truly can't be found you can seek court permission to serve notice of... Read More

How do I pay for a divorce when I have no income

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He can be required to pay your attorney fees.
He can be required to pay your attorney fees.

How much is the money value for an associates degree during a divorce?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no precise dollar figure.
There is no precise dollar figure.

can my spouse get money for the house if it was gifted to me prior to us being married

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He may be entitled to a share in any appreciation in value during the marriage that he can show was the result of his efforts or contributions...but he'll have to prove that.
He may be entitled to a share in any appreciation in value during the marriage that he can show was the result of his efforts or contributions...but... Read More

maintainence payment

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless you have a court order terminating the payments you are required to make them.
Unless you have a court order terminating the payments you are required to make them.

my husband wants a divorce

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Your rights are to an economic settlement that will vary depending upon what there is available to divide. You should contact a local attorney and discuss the situation in detail - then come up with a plan.
Your rights are to an economic settlement that will vary depending upon what there is available to divide. You should contact a local attorney and... Read More

i need advice on this matter

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Consult a local attorney in your county and discuss the matter in detail. Without more information that's the only advice that can be given.
Consult a local attorney in your county and discuss the matter in detail. Without more information that's the only advice that can be given.

What are my legal rights from a 24 year marriage?

Answered 11 years and 3 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have many right under equitable distribution of assets in a divorce. These may include equity in a home if one is owned, part of your husband's pension, half of what was bought during the marriage. You should speak with a divorce attorney right away.
You have many right under equitable distribution of assets in a divorce. These may include equity in a home if one is owned, part of your husband's... Read More

if uncontested divorce is filed even though there are children under 21 in new york state is the divorce legal?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends - did you sign documents?
That depends - did you sign documents?

Can a non resident who is married to citizen file for a divorce?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, if the other party is a resident of New York.
Yes, if the other party is a resident of New York.

Pension

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you never filed a Domestic Relations Order and/or never served it you will not collect anything from the pension.
If you never filed a Domestic Relations Order and/or never served it you will not collect anything from the pension.

If I applied for my husband's residency and we are now not together after we arrived to the U.S and a year has not gone by can he still be a resident?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Probably. That's an immigration question, not a divorce question.
Probably. That's an immigration question, not a divorce question.