New York Divorce Legal Questions

No. You cannot stop the divorce based on the fact that your wife is an alcoholic. Alcoholics are allowed to divorce.  However, you might be able to stop the divorce with love, affection, and support for her in overcoming her alcoholism. This is not legal advice. It's human advice.  ... Read More

YES. You are absolutely entitled. There is a statutory formula that takes into account how many years you were married and how many years he was working at that job during the marriage. Your pension share is based on those two variables. It could be worth an enormous amount of money for you, so don't let anyone tell you otherwise. ... Read More

How olde are the children?  Are they living with you in PA.? If they are living with you in PA for over 6 months, and are not emancipated, you can file for child support in PA. If you want to re-open the divorce in NY because you were never served, you can do so by motion.    ... Read More

In order to get a divorce in New York, one of you must have been living in New York for at least a year prior to the commencement of the divorce. Based on the facts you gave, you won't be file for divorce in New York unless one of you is willing to move back to New York and live there for a year.... Read More

Spousal support is dependant on the comparison of income of the parties. Without doing a formula inputing both incomes it is impossible to tell. You weree only married one year so if there is any spousal support it wouldbe very short term, but it is likely you would get none.   Yoiu are entitled to child support from the father of the child.  ... Read More

You say you bought your co-op after your marriage, but you also say you want to file for divorce. If you haven't filed for divorce, you're still married, and your ex is entitled to half the value of anything you bought during the marriage, as it is marital property and must be split equally between the parties. If you'd left your 401K intact your ex would only be entitled to half the value of your contributions to it made during the marriage. But since you liquidated it and bought another asset, she gets half of the co-op, regardless of whether she contributed to its purchase or maintenance. You bought the co-op with marital assets, and assumedly she hasn't had the benefit of using it- but she will have the benefit of half it's value once the marital property is equitably distributed. You cheated her out of her share of additional  401K contributions she would have received had you continued to contribute to the 401K instead of liquidating it- so fair is fair. You may be able to argue that her share should be reduced by the value of any 401K contributions you made before the marriage, but it's not clear you'd win that argument.... Read More

Since you were married in New York, you do not have to be in the US to start a divorce action against your husband in New York as long as he lives in New York and has lived there for a year prior to the start of the divorce action. A copy of your marriage certificate (not license) is necessary for the divorce and can usually be obtained from the office of the clerk of the county or village where the marriage took place.  You don't have to do that yourself- it can be ordered online or you can authorize your attorney to obtain it for you. In the event the divorce is contested and depositions and/or a trial are necessary, and application can be made to the court to conduct your deposition remotely by telephone or otherwise.... Read More

The short answer is, if your husband makes more money than you, you're entitled to spousal support. Regardless of income, you're also entitled to half of everything accumulated by both of you during the marriage. If there are children under age 21 and you get full custody, you'll also get child support. A simple question from you should elicit may answers from a good lawyer- but first many questions. Ask, "what do I do?" You'll then be asked about your family, marriage, living situation, kids, employment, and the most important question of all- what do YOU want? Make sure to ask about fees, and if they're not explained clearly, insist. If they're still not explained clearly, run. Don't ask "how long will it take?"  Any lawyer who gives you an answer to that question is making it up. It's impossible to tell before your lawyer talks to the other side and even then, it's nearly impossible to predict, unless it's simple and uncontested.  A lawyer should make you feel more comfortable about your situation- not more stressed out. Take note of how you feel before you sign anything.... Read More

The "Q" in QDRO is for "qualified', and a domestic relations order is not qualified unless it gives notice to the pension fund manager that a specific portion of the pension funds is to be set aside for the benefit of another person. If you feel your ex has depleted his pension funds in violation of your QDRO, you can take him to court and ask the judge for a modified QDRO adjusting the distribution of the pension funds as if no withdrawals had been made. ... Read More

Your husband cannot cut you off from your joint bank accounts and if he did, your bank has some answering to do. Unfortunately, if the credit cards were opened in his name he can close them, but the bottom line is that in a divorce, he's going to have to account for money he took right before the divorce. In New York everything acquired during a marriage is marital property and is split 50-50. You will be entitled to spousal maintenance even before the divorce is finalized. If the apartment was purchased during the marriage and/or your name is on the stock certificate (if it's a co-op) or deed (if it's a condo), your husband cannot just sell it- your name should be on it and even if it's not, you're entitled to half of the value of it. If it's just leased and the lease runs out while you're not there, there's not much you can do about it, but he can't just discard your belongings. You say you have nowere to go but it's the middle of the summer and school must be out so you must be living somewhere. You didn't mention how old your kids are and whether you've been seeing them and if not, why.  You also didn't mention when your husband served you with divorce papers, how long before you graduate, who's paying your tuition and if it's your husband, did he also cut you off from that.  Much more information is needed before you can be advised of your rights- and responsibilities. ... Read More

Has your sister-in-law actually been sued for divorce, or is she looking to start an action for divorce?  She may be able to file for divorce in New York, depending on where she and her spouse are living/incarcerated.    In order to meet the residency requirements for filing a New York divorce, either 1) one of the parties must have been living in New York for 2 years prior to the divorce, OR 2) one of the parties was living in New York for one year immediately before the divorce, AND you got married in New York, OR lived in New York as a married couple for at least one year, OR the grounds for the divorce arose in New York, OR both parties lived in New York state on the date the divorce was filed AND they lived together as a married couple for at least a year before the divorce.  If your sister-in-law has already been sued for divorce and is concerned about the "consequences", much more information is needed. Is she living in the U.S. and concerned she will be deported? Is she living outside the U.S. and afraid she won't be able to return?  Are there children of the marriage and if so, where do they live? "Consequences" is a very broad term. Please provide more information. ... Read More

This is complicated and depends on many factors. Do you still have equity in the house? Do you earn more money than he does and would you be paying him spousal support in a divorce? Who's been paying the mortgage and taxes since you left? Ideally you should get your name off the deed and loan and if he wants to stay in the house he should find a new co-signer for the modification. But if you have equity you need to be compensated for your share. Much more information is needed in order to answer your questions.... Read More

In New York, anything you acquire during a marriage is marital property (unless there is a pre-nuptial agreement that says otherwise) and in the event of a divorce gets split equally between both spouses. If you make mysterious withdrawals in an attempt to take more than your share, that is considered dissipation of marital assets, and if you divorce, your spouse will be entitled to compensation in some form or another.  There may be forensic accountings involved, which can get very expensive. So don't do something you might regret later. ... Read More

If your wife's divorce agreement says she has no legal obligation to the house, there was also be a provision requiring the ex husband to refinance and get her name off the mortgage. If he didn't do that he's in breach of the divorce agreement and she should take him back to court to sue him (if there's anything to collect), That being said, the foreclosure process can be a long one. You haven't said whether the ex intends to do a loan modification and fight the foreclosure or walk away from the property, or what stage the foreclosure is in.  If the ex is considering a modification because he wants to stay in the house, that may solve the problem for you. A successful modification will necessarily get your wife's name off the loan.  But if the foreclosure goes through and your wife's name is still on the loan and the bank gets a money judgment against her and her ex for the shortgage amount after a foreclosure sale, the bank can come after your joint personal assets- but not the business assets. ... Read More

An attorney can file an uncontested divorce action on your behalf, and the laws are the same whether or not you are in the military.  First a separation agreement needs to be negotiated that takes into account any legally required maintenance and child support, depending on the ages of your children. A good agreement will be detailed and will resolve the distribution of all of your joint assets, pension, and real property, and address all aspects of your childrens' lives in which decisions will need to be made, such as education, religion, activities and medical insurance, and leave no loose ends.  The separation agreement will become your divorce agreement when the papers are filed and the judge signs the decree.... Read More

If you or your spouse lived in New York for at least two years before the divorce papers were filed, or for one year plus the grounds for the divorce arose in New York, you can file for divorce in New York. I can't advise you about the requirements to file for divorce in any other country or jurisdiction but obviously you need a valid divorce decree in order to remarry anywhere in the U.S.... Read More

As long as you were married in New York and at least one of you was  living in New York for at least a year prior to the divorce, and you can find a process server or adult person to personally serve the divorce papers on your husband in Trinidad, the divorce will proceed the same as any other divorce. If you can get your husband to consent to the divorce and voluntarily sign the necessary paperwork that's always easiest. ... Read More

I assume you have custody and your ex has visitation and pays child support, since you mention your kids no longer "visit" him. If your ex pays support, he gets a tax deduction. If he pays no support and doesn't see the kids, claim them both and let him fight you. The IRS doesn't care- whomever claims the deduction first gets it. ... Read More

What should you do?  Forgive your husband for cheating and show some compassion. His son died barely a few months ago (if I'm reading this correctly), and by your own admission he is severely depressed. I assume his ex is the deceased son's mother. Anyone can see how a one-time cheating episode could happen under these circumstances. If you really need to end the marriage, get a divorce, not an annulment- it's easier. If possible, ask if he'll consent to the divorce. It will save you a lot of trouble.  But give the man some time to mourn his son, for God's sake, and wait a few months before you serve him with divorce papers. If you wait long enough, you may even be rewarded for your patience and compassion with a green card.  ... Read More