New York Divorce Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 11
Do you have any New York Divorce questions page 11 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

How long does it take to finalize an uncontested divorce in NY state?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is nothing unusual about a three month wait - in some counties it's much more. However, moving on cruel/inhumane was not necessarily a great idea - and if there are errors in your papers that will delay the process for quite some time.
There is nothing unusual about a three month wait - in some counties it's much more. However, moving on cruel/inhumane was not necessarily a great... Read More

can you still get a divorce if the other party doesnt comply?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No judge will order marriage counseling. A party that wants a divorce can get one, with or without the consent of the other party.
No judge will order marriage counseling. A party that wants a divorce can get one, with or without the consent of the other party.

I want a QUICK Divorce: I reside and work in NY my husband live somewhere in Pennsylvania. How can i expedite these proceedings and i would like to

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The speed of the divorce process depends upon two things: 1. The amount of disagreement between the parties. 2. The county in which the case is filed - some have larger backlogs than others. Permission to return to your maiden name is routine. Orders of protection are usually not granted unless there is a reason to do so, such as specific threats or incidents.... Read More
The speed of the divorce process depends upon two things: 1. The amount of disagreement between the parties. 2. The county in which the case is... Read More

If I start a divorce, can I make my spouse leave my house?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends upon the circumstances.
That depends upon the circumstances.

When is a pension payed out in a divorce?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's a matter for negotiation. In some cases it makes sense to attempt to buy out the future interest in the pension. In others the party simply waits until the pension goes into pay status.
That's a matter for negotiation. In some cases it makes sense to attempt to buy out the future interest in the pension. In others the party simply... Read More

my husband and I need a divorce, we've been in the u.s for almost one year and got married in DR. Can we divorce in the u.s and how soon?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you live in New York the residency requirement is one year.
If you live in New York the residency requirement is one year.

i need a low cost divorce lawyer to defend me

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You should make some calls to attorneys in your county or look for a local legal clinic - depending upon your situation.
You should make some calls to attorneys in your county or look for a local legal clinic - depending upon your situation.

husband has a affair. wants a divorce but want me to file and serve him the paperwork

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You don't need grounds in New York other than irretrievable breakdown of the marriage - and it doesn't matter who files first.
You don't need grounds in New York other than irretrievable breakdown of the marriage - and it doesn't matter who files first.

How can discovery be reopened in Divorce Case?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
What does your current set of orders from the Court say? What does your attorney say? If you're pro se in a battle that has run for over four years and there's enough money to be doing repeated EBTs, arbitration and extensive discovery...there's something very wrong with the picture.
What does your current set of orders from the Court say? What does your attorney say? If you're pro se in a battle that has run for over four years... Read More

Wife lives in different state

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You only need a lawyer in the state in which the case is filed.
You only need a lawyer in the state in which the case is filed.

If you abandoned your family for almost two years, would it be a quick devorce?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Maybe, but not necessarily. Abandonment is one thing, but financial issues are entirely unrelated.
Maybe, but not necessarily. Abandonment is one thing, but financial issues are entirely unrelated.

Will I receive child support even after I pay my husband half of my pension?

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Child support is unrelated to the custodial parent's receipt of pension benefits.
Child support is unrelated to the custodial parent's receipt of pension benefits.

Pension with ex wife

Answered 11 years and 3 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Divorce papers aren't filed at City Hall. They're filed with the court clerk. If it was done in front of a judge there is a transcript. Consult a local lawyer when you have those documents.
Divorce papers aren't filed at City Hall. They're filed with the court clerk. If it was done in front of a judge there is a transcript. Consult a... Read More

Can soon to be ex change surname ?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no limitation on her changing her name.
There is no limitation on her changing her name.

If a divorce is filed in Florida and I live in NY, do I need a FL attorney to review the documents?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. The attorney should be from the state in which the case is filed.
Yes. The attorney should be from the state in which the case is filed.

My son has paid his "wife" for 1/2 net value of the home. But the county would not accept the papers for transfer on the deed.

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He should get a real estate lawyer involved and get the paperwork done properly - it isn't expensive.
He should get a real estate lawyer involved and get the paperwork done properly - it isn't expensive.

How do I file an annulment?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There are a number of limitations on seeking an annulment, and the process is far from uncomplicated. How much it will cost will depend upon the complexity of your situation and the hourly rate of the attorney you hire.
There are a number of limitations on seeking an annulment, and the process is far from uncomplicated. How much it will cost will depend upon the... Read More

can my father in law move money from his account to his sons

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Sure. But when she files for divorce she can seek recovery of her share of the money.
Sure. But when she files for divorce she can seek recovery of her share of the money.

I am pregnant and my husband abandonded me.What are my rights and what actions should I take to obtain a divorse and full child custody?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can seek a support order through your local Family Court - but that's not necessarily going to get you any money. The Court has limited power to enforce an order when the subject is outside the USA.
You can seek a support order through your local Family Court - but that's not necessarily going to get you any money. The Court has limited power to... Read More

Where do I file for divorce?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If he meets the residency requirement in New Jersey you can file there, or you can file in your home country...or any U.S. State in which you meet the residency requirement.
If he meets the residency requirement in New Jersey you can file there, or you can file in your home country...or any U.S. State in which you meet... Read More

I moved out 6 years ago. I've owned this house with my spouse for 20 years. Can I sue for half of my house ? I am still legally married

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not clear what you mean by you "signed the red over" - show what you signed to a local attorney.
It's not clear what you mean by you "signed the red over" - show what you signed to a local attorney.

Lawyers altered signed stipulation of divorce after it was signed

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You know your options. They haven't changed.
You know your options. They haven't changed.

how do i file for divorce if i can not locate my ex

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not impossible: you have to do a diligent search, which probably means hiring either an attorney or a private investigator - and, if that search is unsuccessful in locating the missing spouse, you can seek court approval for alternative service, most often by publication.
It's not impossible: you have to do a diligent search, which probably means hiring either an attorney or a private investigator - and, if that search... Read More

tax implications and what should I be looking out for during divorce?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There's not enough information in what you posted to answer your questions. What state does your wife live in? Where would the case be filed? There's a lot more to discuss - arrange a consultation with an attorney in your home state to discuss your options.
There's not enough information in what you posted to answer your questions. What state does your wife live in? Where would the case be filed? There's... Read More

Process of getting a divorce after 3 months

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your easiest method is to simply wait until six months have passed since the date of the marriage and file on the basis of irretrievable breakdown of the marriage. Assuming you both are in agreement the only question on timing would be based upon where you live - different counties have different backlogs of cases - some take weeks, some take many months to process uncontested divorces.... Read More
Your easiest method is to simply wait until six months have passed since the date of the marriage and file on the basis of irretrievable breakdown of... Read More