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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 18
Do you have any New York Divorce questions page 18 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.
Divorce
New York

Recent Legal Answers

what percentage of the house does spouse get if it is in the other spouses name and they made no down payment

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Typically half, less a possible credit for the contribution from the parents.
Typically half, less a possible credit for the contribution from the parents.

I'm an immigrant my husband is a federal officer we have a kid together we tg married 2008 and we have a house a car during marriage was purchase

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's not enough information on which to base a thorough answer. Consult a local divorce attorney and discuss the situation in detail.
That's not enough information on which to base a thorough answer. Consult a local divorce attorney and discuss the situation in detail.

what will happen if my qdro was not signed by the judge 12 yrs ago?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Check the court file and see if it was signed and entered. Check with your attorney and the retirement plan to see if it was served on them. If not it still can be handled - but get an attorney to do it.
Check the court file and see if it was signed and entered. Check with your attorney and the retirement plan to see if it was served on them. If not... Read More

Are there any legal or financial consequences to entering into a new relationship while still married?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. Adultery is the least of the problem. If you're not legally separated you're still viewed as partners for economic purposes.
Yes. Adultery is the least of the problem. If you're not legally separated you're still viewed as partners for economic purposes.

how can I divorce my wife when I live in ny and lives in north Carolina?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have lived in New York for more than a year you can file here.
If you have lived in New York for more than a year you can file here.

Can I divorce my husband who is disabled and I’m the only one working and he is verbally and physically abusive with my 19 year old son?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes you can divorce him. The only way to get an answer to your questions about alimony and assets is to have a discussion with a divorce attorney.
Yes you can divorce him. The only way to get an answer to your questions about alimony and assets is to have a discussion with a divorce attorney.

divorce

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can get an uncontested divorce if you can agree with him on all issues and if both of you are willing to sign the appropriate documents. As to his entitlement to anything relating to the house, more information is needed.
You can get an uncontested divorce if you can agree with him on all issues and if both of you are willing to sign the appropriate documents. As to... Read More

Will I lose maintenance support if my boyfriend moves in?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your agreement is quiet on this, then may be not. However, your ex may well go to court for a modification of the agreement if this boyfriend is contributing to your household.
If your agreement is quiet on this, then may be not. However, your ex may well go to court for a modification of the agreement if this boyfriend is... Read More

how can i get temporary support

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have a lawyer that attorney should know how to seek support - and know that waiting two years is often fatal to a support request.
If you have a lawyer that attorney should know how to seek support - and know that waiting two years is often fatal to a support request.

I've been married for five years. living with my spouse for two years of the five. can i file for spousal support or for part of his pension?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can - but the amount you will get is most likely minimal.
You can - but the amount you will get is most likely minimal.

I just got divorce, my ex-wife got the house and the lot next to the house. How can I remove her name from the lot deed?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contact a real estate attorney.
Contact a real estate attorney.

Can I leave the state with my children

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless there is an order prohibiting the move, no - but if it would interfere with the other parent's time with the children it would be open to challenge.
Unless there is an order prohibiting the move, no - but if it would interfere with the other parent's time with the children it would be open to... Read More

In the case of credit card debt paid in monthly installments, how is it divided in a divorce settlement, esp. if one party wouldn't be able to pay?

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's a negotiated item.
That's a negotiated item.

How to get divorced when married in Ecuador

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She gets divorced the same way as anyone else: she contacts a lawyer, files papers and has him served.
She gets divorced the same way as anyone else: she contacts a lawyer, files papers and has him served.

how do i get my husband to leave the home? his name is on the deed and

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's not enough information on which to base an answer. Contact a local attorney and discuss your situation in detail - then come up with a plan.
That's not enough information on which to base an answer. Contact a local attorney and discuss your situation in detail - then come up with a plan.

NY State Non Contested Divorce, I am the defendant and would like to know if i can file a motion to have a judge review the case immidiately

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file a motion if you want to - but chances are that motion won't be reviewed until after the papers would be reviewed.
You can file a motion if you want to - but chances are that motion won't be reviewed until after the papers would be reviewed.

Notice of iisue and contested divorce

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contested divorce is not a form. A Note of Issue is required in all litigated cases.
Contested divorce is not a form. A Note of Issue is required in all litigated cases.

Dual US Citizen married and divorced in foreign country to non US Citizen/Resident. What is she entitled to?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you are divorced in a foreign country then you follow the laws of that country, unless child support and similar issues are unresolved AND the children are in this country.
If you are divorced in a foreign country then you follow the laws of that country, unless child support and similar issues are unresolved AND the... Read More

Is it legal to marry before a divorce is finalized?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, and no. In that order.
No, and no. In that order.

If my husband was married in Trinidad and Tobago, but filed his divorce in NY, is he legally divorced in Trinidad as well as America?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes - subject to any challenge.
Yes - subject to any challenge.

Can he take this vehicle from me if I have proof of payments and title in my name?

Answered 11 years and 8 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The car is presently owned by whatever company gave you the loan. You are both liable to the lender unless one of you refinances.
The car is presently owned by whatever company gave you the loan. You are both liable to the lender unless one of you refinances.

What would i be entitled too?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not possible to answer your question fully based upon the information you posted. You should arrange a consultation with a local attorney, and be prepared to discuss who works where, how much money each of you makes, and who would have residential custody of your daughter.
It's not possible to answer your question fully based upon the information you posted. You should arrange a consultation with a local attorney, and... Read More

I was married in Va but now reside in Va..my spouse still lives in Va. What state do I file in?

Answered 11 years and 8 months ago by attorney Alena Shautsova   |   2 Answers   |  Legal Topics: Divorce
It looks like it will be VA
It looks like it will be VA

Foreign Marriage and Divorce vs Property in US

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Absolutely not enforceable.
Absolutely not enforceable.

Marital Maintenance

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Probably not - but it depends upon the financial analysis.
Probably not - but it depends upon the financial analysis.
Divorce
New York

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