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 16
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Recent Legal Answers

Can i file for divorce in the USA and have it filed in IReland

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you file for divorce in New York you can have her served pursuant to the Hague Convention. The case will proceed here.
If you file for divorce in New York you can have her served pursuant to the Hague Convention. The case will proceed here.

Do I have any rights my ex still is in mortgage but I pay all bills.he's verbally abusive n comes n goes wen he pleased.his answer is too bad I'm on t

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
"any" rights?
"any" rights?

Can my ex wife hit me for more money?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's unlikely. But if she files a motion, contact a local attorney.
It's unlikely. But if she files a motion, contact a local attorney.

what am i entitled to in maintenace when divorcing

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is a guideline - but it's one that is followed unless there's a good reason not to follow it.
It is a guideline - but it's one that is followed unless there's a good reason not to follow it.

Can a spouse who's had an order of protection on him previously enter his spouse home with an order from the judge in a divorce action

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The question is confusing. If there's an order of protection that has been served on the party, that party must obey it.
The question is confusing. If there's an order of protection that has been served on the party, that party must obey it.

Am I entitled to my estranged husbands upcoming NYS workers comp/lost wages settlement?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Abandoning the relationship has nothing to do with any economic entitlement. That having been said I doubt you have any entitlement to such an award.
Abandoning the relationship has nothing to do with any economic entitlement. That having been said I doubt you have any entitlement to such an award.

How can I get a divorce if I'm unable to find my spouse?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It will slow the process but it won't stop you from getting a divorce.
It will slow the process but it won't stop you from getting a divorce.

divorce process

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can fire the attorney.
You can fire the attorney.

Can I move to another state after a divorce

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your move would interfere with the other party's visitation you may have a problem. consult a local attorney if that's the case.
If your move would interfere with the other party's visitation you may have a problem. consult a local attorney if that's the case.

Uncontested Divorce no children no assets

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Who is 'they"? If the court orders your appearance you have to appear, and probably should get an attorney.
Who is 'they"? If the court orders your appearance you have to appear, and probably should get an attorney.

My wife left 1 1/2 years ago, and we are planning a divorce. She's expecting a settlement or something for "her half" of the house.

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not possible to answer fully without more information.
It's not possible to answer fully without more information.

I have been separated for 2 and 1/2 years. I have all of the paperwork filed in the courts. The mediator said it would be $1200 to file for divorce.

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
$1200 is a very reasonable fee. You can try to do it yourself, but it isn't easy.
$1200 is a very reasonable fee. You can try to do it yourself, but it isn't easy.

Can my husband claim desertion because we are living apart?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Desertion is irrelevant for almost any purpose - and it's not clear what you mean by "I will not accept to divorce him." If he wants a divorce he can get one.
Desertion is irrelevant for almost any purpose - and it's not clear what you mean by "I will not accept to divorce him." If he wants a divorce he can... Read More

I went to a mediator 2and 1/2 years ago to file the papers for a separation. I have the agreement and would no like to proceed with the divorce.

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's unlikely that you'll get a much cheaper price - but it's possble.
It's unlikely that you'll get a much cheaper price - but it's possble.

settlement agreement

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
$600 is an extremely low cost for a motion for pendente lite support.
$600 is an extremely low cost for a motion for pendente lite support.

i was married over seas and divorced there is that legal here

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Possibly. Was there proper service of process on and an opportunity for your spouse to contest the divorce?
Possibly. Was there proper service of process on and an opportunity for your spouse to contest the divorce?

How do they base a 23-87% split on a false income claim

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Presumably the judge ruled against you because he or she did not find that you had proved your case.
Presumably the judge ruled against you because he or she did not find that you had proved your case.

how can i get divorced if my husband lives in ecuador and im in nyc

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The same way as anyone else: a filing, followed by appropriate service of process. You'll probably need the help of a local attorney.
The same way as anyone else: a filing, followed by appropriate service of process. You'll probably need the help of a local attorney.

i need to get divorced

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not clear what you mean by "submit the papers." You can't get a divorce without service of process - if you can't locate the other party you have to file a contested case and work out service, perhaps with court permission for alternate service.
It's not clear what you mean by "submit the papers." You can't get a divorce without service of process - if you can't locate the other party you... Read More

how to file for uncontested divorce when defendant has no residency?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can't mail a summons and complaint - it has to be served personally. And if the case is truly uncontested he needs to appear before a notary and sign the required documents.
You can't mail a summons and complaint - it has to be served personally. And if the case is truly uncontested he needs to appear before a notary and... Read More

How can i legally protect myself from a prospective divorce?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have a green card and you can demonstrate that your marriage was not for immigration purposes you have no issue relating to deportation or right to work. You have a responsibility to support your child. There may be issues beyond the above. For analysis you should consult with a local attorney.... Read More
If you have a green card and you can demonstrate that your marriage was not for immigration purposes you have no issue relating to deportation... Read More

Regarding uncontested divorce in NYC, what happens if I lost the affidavit of service before serving my spouse?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The court doesn't give you an affidavit of service - your process server has to provide one. No need to purchase another index number.
The court doesn't give you an affidavit of service - your process server has to provide one. No need to purchase another index number.

How can I file for divorce in NYC when my wife just moved to California?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. If you lived in New York for three years and still live here you can file here and have her served in California.
Yes. If you lived in New York for three years and still live here you can file here and have her served in California.

Am I entitled to half of my husband's 401K?

Answered 11 years and 6 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As far as the 401K goes that is correct. However you might get alimony, definitely child support and some of the other assets of the marriage including real estate. Consult an attorney.
As far as the 401K goes that is correct. However you might get alimony, definitely child support and some of the other assets of the marriage... Read More

Does my spouse have to leave the marital residence once I file for divorce?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You both have rights to live in the marital domicile . Your lawyer would have to file for temporary orders and have a reason that he should leave.
You both have rights to live in the marital domicile . Your lawyer would have to file for temporary orders and have a reason that he should leave.