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 12
Do you have any New York Divorce questions page 12 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

what is the easiest way to file for divorce in nyc

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends - are there children? Pensions/properties to divide? If everyone's in agreement you're headed towards an uncontested divorce, which is always the easiest basic form - but the question is what do you need to make it work for your circumstance.
It depends - are there children? Pensions/properties to divide? If everyone's in agreement you're headed towards an uncontested divorce, which is... Read More

should i sign

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Don't sign the papers. Consult with a local attorney before you sign ANY documents.
Don't sign the papers. Consult with a local attorney before you sign ANY documents.

If both my ex husband and I are US citizens residing in a different country and get divorced - post baby, can I file for child support in the US?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you and the child reside in New York for six months or more you can file here and serve wherever. However, seeking enforcement against someone living in Kenya will be more than just difficult.
If you and the child reside in New York for six months or more you can file here and serve wherever. However, seeking enforcement against someone... Read More

Married in Houston in 1982 and lived in NY as a couple from 2006 to 2011

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You'd have to file in Ecuador.
You'd have to file in Ecuador.

My lawyer paid himself from my divorce payment to my wife.

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If he took money from a payment that was headed to someone else without your (or her) consent that is improper. If he took it from a payment headed to you that's different.
If he took money from a payment that was headed to someone else without your (or her) consent that is improper. If he took it from a payment headed... Read More

I felt obligated to marry my husband due to his cancer. But we have never got along and after 11 months and him quitting his job the situation got wor

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Not under those circumstances. You can get a divorce.
Not under those circumstances. You can get a divorce.

in islam tkhe wifes money belongs to her if she earns it..being in this religion, and im planning to divorce, i want to request that my money i earned

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Divorce in New York is done under New York law, not religious law.
Divorce in New York is done under New York law, not religious law.

Ex-wife has defaults on distributing marital assets: how do I write a letter saying she's in default?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
THe method for such notice should be in your settlement agreement. Your lawyer should be able to guide you to it.
THe method for such notice should be in your settlement agreement. Your lawyer should be able to guide you to it.

Do I need lawyer for being settle about chidsupport

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
With money is usually the way to pay. Whether you need an attorney or not depends upon the complexity of the case and your ability to represent yourself.
With money is usually the way to pay. Whether you need an attorney or not depends upon the complexity of the case and your ability to represent... Read More

Ex-wife has defaults on distributing marital assets: how do I write a letter saying she's in default?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's suprising that your lawyer isn't writing the letter. In any event the method for such notices is usually spelled out in the settlement agreement.
It's suprising that your lawyer isn't writing the letter. In any event the method for such notices is usually spelled out in the settlement agreement.

Been separated for 12 yrs. He works for the state and has a pension. Am I entitles to some of his pension.

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the pension was earned during the marriage there may be an entitlement to a share in the pension.
If the pension was earned during the marriage there may be an entitlement to a share in the pension.

Can my spouse remain covered under my insurance if we legally separate?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no law prohibiting it.
There is no law prohibiting it.

Am I in any way entitled to my wife's NYPD pension.

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There would be no entitlement to a share in the pension if the pension was not earned during the marriage. That would be the same for any married couple, opposite or same sex.
There would be no entitlement to a share in the pension if the pension was not earned during the marriage. That would be the same for any... Read More

Do you have to be married for a long time before your wife can go after your pension in a divorce?

Answered 11 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have to be married long enough that the court would consider the fact that the contribution comes from marital assets. Probably about 4 years.
You have to be married long enough that the court would consider the fact that the contribution comes from marital assets. Probably about 4 years.

My husband owned our home before we got married. It has been our marital residence. What happens to it if we divorce?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That can't be answered based on that limited information.
That can't be answered based on that limited information.

what happens to someone who cuts up their ex husbands clothes after a breakup and cops were involved.

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He can seek compensation during the course of the divorce case.
He can seek compensation during the course of the divorce case.

how long do you have to be marry before your wife goes after your pension

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no time limit.
There is no time limit.

how do you get a divorce in new york state and how long will it take

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no requirement of a separation. How long it takes depends upon the complexity of the case and the county in which it is filed.
There is no requirement of a separation. How long it takes depends upon the complexity of the case and the county in which it is filed.

is Divorce writer legitimate in New York

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
"Legitimate" isn't the right word. Sites like that are the same as giving someone a list of medicines and then telling you to diagnose yourself and then choose a medicine from the list.
"Legitimate" isn't the right word. Sites like that are the same as giving someone a list of medicines and then telling you to diagnose yourself and... Read More

I am recently divorced and just got my settlement

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's not a legal question.
That's not a legal question.

If I was married in Trinidad and move to the New York how will I fill for a divorce ?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The same way as anyone else. If you've lived here for a year no trip to Trinidad is necessary.
The same way as anyone else. If you've lived here for a year no trip to Trinidad is necessary.

Maintenance

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends upon the wording of the documents.
That depends upon the wording of the documents.

What does this sentence mean? When will child support start?

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It means that the court will modify the amounts due and date the order back to April.
It means that the court will modify the amounts due and date the order back to April.

I need to find the form for a notice of appearance

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you don't know how to respond you probably should consult a local attorney. The cost of the consultation will undoubtedly be less than the cost of making a mistake while trying to accomplish a do-it-yourself divorce.
If you don't know how to respond you probably should consult a local attorney. The cost of the consultation will undoubtedly be less than the cost of... Read More

i want a no fault divorce

Answered 11 years and 4 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
How much time depends upon the county in which you file and how many cases are ahead of yours. Cost ranges from $360-435 in court fees, plus attorney fees. You can use one lawyer, but that lawyer can only represent one of you, not both.
How much time depends upon the county in which you file and how many cases are ahead of yours. Cost ranges from $360-435 in court fees, plus attorney... Read More