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 5
Do you have any New York Divorce questions page 5 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

Motion to transfer Venue

Answered 10 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
What's the question? Why? Where in the process?
What's the question? Why? Where in the process?

from what date should we determine the value of marital assests in divorce, if we have been living separate for ten years but never filed for divorce?

Answered 10 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Which date works best for you? Why? If you can answer that question you can form an intelligent position.
Which date works best for you? Why? If you can answer that question you can form an intelligent position.

How can i get a lawer for my court date

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Call someone in your county. It's really that simple.
Call someone in your county. It's really that simple.

How much does it cost for a divorce on a suppose that comminted adulitry not once but many times

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Divorce costs are unrelated to adultery.
Divorce costs are unrelated to adultery.

Can I get divorce without the other spouse

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is a procedure that you have to go through to attempt to locate the other spouse and then to seek permission for "alternative" service of process. After going through that process it is possible to get a divorce by default.
There is a procedure that you have to go through to attempt to locate the other spouse and then to seek permission for "alternative" service of... Read More

Could kissing and fondling be considered adultery?

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. But it doesn't matter. Under almost all circumstances adultery is irrelevant to getting a divorce in New York.
No. But it doesn't matter. Under almost all circumstances adultery is irrelevant to getting a divorce in New York.

Can my mother serve my spouse papers in and uncontested divorce?

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. If she's over 18 years old she can serve.
Yes. If she's over 18 years old she can serve.

How long it takes to get a divorce if my

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends: will the husband sign the appropriate documents before a US based notary? What county do you live in? Both make a difference.
That depends: will the husband sign the appropriate documents before a US based notary? What county do you live in? Both make a difference.

Uncontested Divorce and home.

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This means that there's a settlement agreement. If there isn't - don't sign the Defendant's Affidavit.
This means that there's a settlement agreement. If there isn't - don't sign the Defendant's Affidavit.

divorsed 18 months paid wifes lawyer

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He's the wife's lawyer, not yous...and if your lawyer won't answer calls you need to decide whether to replace him.
He's the wife's lawyer, not yous...and if your lawyer won't answer calls you need to decide whether to replace him.

I have a legal separation document and would like this to be converted to a divorce document and filed.

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contact a local attorney and arrange for the drafting and filing of the appropriate paperwork. It's relatively easy, but the specifics will depend upon the content of the separation agreement.
Contact a local attorney and arrange for the drafting and filing of the appropriate paperwork. It's relatively easy, but the specifics will depend... Read More

Divorce

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends both upon where you live and upon the answers to several other questions which you didn't address in your posting.
That depends both upon where you live and upon the answers to several other questions which you didn't address in your posting.

What can legally happen if I get a divorce while trying to renew my green card?

Answered 10 years and 7 months ago by Peter S Kollory (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Your prospects of holding your conditional LPR depends on the reasons for the divorce. If it involves a reason to which you have a defense, then your status may not be jeopardized. So you should consult a local attorney to review the possible grounds of divorce your spouse may have in the marital relationship to infer possible immigration consequences.... Read More
Your prospects of holding your conditional LPR depends on the reasons for the divorce. If it involves a reason to which you have a defense, then... Read More

I believe my wife is seeking a divorce. She works full time and makes about 90k a year and spends it.

Answered 10 years and 7 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The properties and debts could be viewed as marital. You need an attorney who can help you make a case to hang on to some of the property as your income - you need someone to help you make a case for custody. Good luck!
The properties and debts could be viewed as marital. You need an attorney who can help you make a case to hang on to some of the property as your... Read More

when a situation changes, can a divorce agreement be renegotiated

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file a modification petition in Family Court - or try to negotiate a settlement.
You can file a modification petition in Family Court - or try to negotiate a settlement.

Uncontested Divorce in New York

Answered 10 years and 7 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your friend should either have a lawyer prepare the papers, or if he really doesn't want to hire an attorney, all the Supreme Courts have a free court help office where he can go and get help in preparing these documents (and this will help make sure that the papers are approved by the judge who will sign the divorce). Good luck!... Read More
Your friend should either have a lawyer prepare the papers, or if he really doesn't want to hire an attorney, all the Supreme Courts have a free... Read More

Do my soon to be ex wife have rights to my bachelor accounting degree?

Answered 10 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's a timing question. Did you earn your degree during the marriage? If so she may have a claim to a portion of the enhanced earnings that flow from the degree.
That's a timing question. Did you earn your degree during the marriage? If so she may have a claim to a portion of the enhanced earnings that flow... Read More

What am I entitled to in divorce after 5 years of marriage.

Answered 10 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 solid answer. An attorney would have to know a lot more about the economic situation and about what each of you brought into the marriage.
That's not enough information on which to base a solid answer. An attorney would have to know a lot more about the economic situation and about what... Read More

Can a Divorce lawyer allow payment later?

Answered 10 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. There is no limitation on the attorney's ability to set up a payment plan. And under these circumstances it's possible that the husband would be required to pay all or part of her legal costs.
Yes. There is no limitation on the attorney's ability to set up a payment plan. And under these circumstances it's possible that the husband would be... Read More

My divorce attorney failed to inform me the retainer had been depleated.

Answered 10 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
By rule you must receive an itemized bill not less than every 60 days. If you were not billed for more than 60 days you do not have to pay any charges that are older than 60 days. Your lawyer knows this.
By rule you must receive an itemized bill not less than every 60 days. If you were not billed for more than 60 days you do not have to pay any... Read More

How do I file a complaint against a lawyer? And does it deserve a complaint?

Answered 10 years and 8 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That sounds like a serious error. You may be better off finding your own lawyer immediately to fix this error or talk about other options. You can use the Find a Lawyer feature on this website to locate someone near you. Good luck!
That sounds like a serious error. You may be better off finding your own lawyer immediately to fix this error or talk about other options. You can... Read More

what is a script for inquest in a divorce trial

Answered 10 years and 8 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
When you go for your inquest hearing, ask the Court's attorney for the script. The Part usually keeps one available for pro se and for attorneys as well. Good luck.
When you go for your inquest hearing, ask the Court's attorney for the script. The Part usually keeps one available for pro se and for attorneys as... Read More

IS MY WIFE INTITED TO MY RETIRMENT UPON DIVEROCE

Answered 10 years and 8 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your question is not clear. If you and your wife signed an agreement with the mediator, then it may be binding.  Under New York law, spouses are entitled to one-half the marital share of pensions or retirement accounts (acquired during the marriage). There will be a special calculation done to determine the spouse's share based on the date of the marriage and the date of the divorce commencement (generally).  This is a complicated part of divorce law. If you are not sure about the mediator you saw, maybe try another mediator or seek a lawyer to represent you. Spouses also have the choice to waive one another's pensions and retirement accounts. Good luck!... Read More
Your question is not clear. If you and your wife signed an agreement with the mediator, then it may be binding.  Under New York law, spouses... Read More

How long does an uncontested divorce take

Answered 10 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends upon the county in which it is filed and upon whether there are minor children.
That depends upon the county in which it is filed and upon whether there are minor children.

Do I have any recourse in amending this agreement?

Answered 10 years and 9 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You might file for divorce and come up with a whole new agreement.
You might file for divorce and come up with a whole new agreement.