New York Divorce Legal Questions

The grounds for divorce that are permitted in New York are defined in Domestic Relations Law Section 170. However, the reality is that except in the most extreme cases DRL 170 (7) is the only grounds used: irretrievable breakdown of the marriage.  The reason for this is that the grounds very rarely alters anything in a divorce: you're going to get a divorce, the Court doesn't care why, and the economic and custody resolution is not altered by the grounds, except in the most extreme and unusual circumstance, which your description does not match.... Read More

Greetings, You may be eligible to file for DIVORCE in the State of North Carolina if North Carolina has jurisdiction. So what you will need to do first is to determine three things. 1. Determine Child Custody/Asset issue if there is anything involved, and even Alimony, if you would like to receive it and or if you are eligible for it. You can go over these details with an attorney of your choice. 2. You need to determine whether this will be a Contested Divorce or Uncontested. Contested Divorce is where you guys don't agree to divorce and or don't agree on the terms and conditions of Custody/Alimony/Child Support/etc. The more flexible you both are the simpler the case process will be and the cheaper it will come out. Uncontested Divorce is $2,500 and $4,500+ for Contested Divorce. 3. Determine your budget and the attorney you would like to work with. I am licensed in New York and New Jersey. Specialize in Family Law. We do offer payment plans with 50% down. If you would like to discuss your case in more details and go over your options, feel free to call my office and speak with a Case Manager. My number is 877-866-8665... Read More

Hey Cindy, thanks for reaching out regarding your daughter. I understand how concern you must be. Divorce is a tough thing to experience, however working with the right counsel can make a lot a difference. We always try to mitigate the issues to ensure a quick, simple divorce without arguments.  Child Custody is what your daughter will be entitled to, and please children comes first. Fight for custody and we represent both the child and the parent. As far as assets are concerned, we can go over the details of what and how much to go after once we are retained to go over all the available options, regarding custody, house, and any assets, and benefits. Feel free to contact my office and speak with my case manager at 1 877-866-8665 to discuss in more details regarding this case. Thank you.... Read More

Divorce is a time-consuming process unless both parties cooperate and work together to expedite it. If the papers have already been signed, served and signed and submitted to the court, than there is nothing much to do but to wait. The waiting period can be anywhere from 30 days to 6 months if paper-work is not incorrect. It is always good to retain a lawyer. Feel free to contact my office and speak with a case manager regarding your case at1 877-866-8665 or email help@smsattorneys.com to start working with an attorney.... Read More

No, your wife can't do that. As soon as the divorce action was filed, both you and your wife were subject to "automatic orders" pursuant to the NY Domestic Relations Law (DRL) 236(B)(2)/ 22 NYCCR 202.16(a), that prohibit you both from taking marital assets or incurring unusual debts with joint funds. You need to request a court conference immediately, so that a judge can explain to your wife that she cannot do this and if necessary, seek a restraining order against her. Ultimately if she did take anything considered a joint asset, you will be compensated either directly or by an offset when the assets are divided pursuant to a settlement agreement or court order. ... Read More

It sounds like you are headed for divorce, and you need to file, immediately. Once your wife is served with divorce papers she is prohibited by law from dissipating marital assets. Getting an order of protection vacated may allow you back into your house, but there is no order that a family court judge can issue that will protect your belongings. That can only be done in Supreme Court, in the context of a divorce, where your wife will be required by law to explain and document exactly what she did with all of your jointly-owned belongings- or else compensate you for your half.  ... Read More

You should retain counsel as soon as possible. Please also review the last page of the court papers you received to see what she is asking for the court to grant her in terms of finances, alimony, assets. As long as you are willing to move forward with a divorce you can keep the litigation expense to a minimum. We usually charge for an uncontested divorce $1,500.00 and Contested Divorce starts at $3,000. How you should respond, I can not explicitly provide in a public forum as that would require an attorney-client relationship to be established. As a general rule of thumb you need to figure out how you want to end this marriage, easy just get it over with or hard - teach her a lesson for lying. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to start working with an attorney.... Read More

All relevant financial information is discoverable in a matrimonial action, and each party should turn their records over to the other party without need of discovery demands. However, if you are not getting the information voluntarily, you need to serve discovery demands, and if they are not complied with, make a motion to compel. A motion for a forensic accounting may be necessary to determine if illegal transfers were made. Depending on the scope and type of documents that are involved, computer records should be included in the demand/motion. ... Read More

As you have probably learned in life, anyone can do anything if they get a bug up their behind. In order to prevent the situation you described, you should seek an interim court order allowing you each exclusive use of your respective cars pending resolution of the divorce. That will prevent her from reporting the car stolen because if she did, she would be violating a court order. ... Read More

Hey Pam, your attorney is the one that is currently or should continue to work with you unless the firm has an exclusive contract with the attorney. Since you posted this question about a month a go, I am sure circumstances may be different now so if you still need assistance Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

Cynthia, you will need to hire an attorney to start the divorce proceedings and to retain your personal belongings before she gets rid of the items. Your attorney or case manager can educate you about the divorce process and your rights. An uncontested divorce is $1,200 and Contested Divorce starts at $3,000 retainer. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

Annulment is harder to obtain than a divorce. There are strict requirements to meet and a trial to attend. It is not the cheapest option. If there is a danger to your life, you need to process a restraining order and file for divorce right away. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

Hello, if permitted under the retainer you signed, an attorney can either remove him or herself from a case and or request that you release them from the contract. At this point, you should start looking for an attorney that will be willing to take over your case so that you do not lose out in defending your rights. You should negotiate the current balance of your retainer and see if they will be willing to refund it so you can use it to pay a new attorney. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com maybe we can assist you within your budget.... Read More

Since you were married in NY and you currently live in NY, you can file for divorce in NY. However, unless you make less than her $40K annual salary, your wife will be entitled to spousal maintenance, which is calculated based on a number of factors, including length of the mattiage, and your respective salaries. She'll also be entitled to half the marital assets, which may include a portion of any pension you may have, and any savings accumulated during the marriage. ... Read More

If your kids are under age 21, include their information. Their father has a legal responsibility to support them regardless of whether he wants to be in their lives. Unless you're independently wealthy, it's your job to make sure they receive the financial support that the law requires their father to provide. It's also in your kids best interest to have some type of relationship with their father, if possible. ... Read More

Marital assets are subject to equitable distribution in a divorce, 50-50 under New York law. However, an inheritance such as the payout you received from your mother's insurance policy is not a marital asset- it is considered separate property. Therefore you are entitled to keep the full inheritance, with no need to split it and no set-off against other assets. You would be within your rights to take the full value of your inheritance and deposit it into a separate account.  ... Read More

You can't sue your husband for divorce without involving him, because you need to serve him with the papers, file proof of service with the court, and give him an opportunity to answer the complaint. If he chooses to ignore the papers, you can get a divorce by default. Since you were married when you conceived your child, your husband is presumed to be her father, whether or not he signed the birth certificate or chooses to acknowledge this fact.  If you sue him for child support and he challenges paternity, he and your daughter will be required to submit to blood tests.  Unless he successfully challenges paternity, as the non-custodial parent, your husband will be required to pay child support, and you can get an order of support in the course of your divorce. And you should. Regardless of whether her father wants to be in your child's life, he still has an obligation to provide financial support for her.  And paying such support can create an incentive for the father to take steps to create a relationship with his daughter. Which you should encourage. A child should have both parents in their life unless there is a very good reason not to.  ... Read More

Yes, you can file a divorce without your wife's signature, as long as you meet the residency requirements for filing a divorce in New York, and the proper papers are filed and served on your wife. If you meet all the requirements and she is properly served, and the time for your wife to serve an answer expires without her filing an answer or getting an extension to answer the divorce complaint, if you make a motion, you will be awarded a judgment of divorce by default. ... Read More

In the absence of a divorce agreement that provides otherwise, a judgment of divorce terminates the right of the ex-spouse to any share in any pension or survivor benefits of their former spouse. Assuming your divorce judgment provides that your ex gets a one-time payment as a pension buyout, this needs to be effectuated with a QDRO (Qualified Domestic Relations Order). The pension plan won't pay your ex without a QDRO, and the QDRO will only include such benefits as are found in the divorce agreement. Do you need a lawyer? I'd say "yes". Even divorce lawyers tend to need help from other lawyers who specialize in QDROs. ... Read More