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 6
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Recent Legal Answers

Will I have to pay more in spousal support because I married my wife over a decade ago?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
In Wisconsin, the length of the marriage is one of about a dozen factors which courts must take into account when ruling on spousal support. But there is no specific law setting out what is a long versus a short marriage. Based on some legal research, I can say that appeals courts in this state have generally found that marriages lasting more than seven years are relatively long, and those lasting less than 7 years are generally short. You would do well to consult an experienced matrimonial lawyer in your area.... Read More
In Wisconsin, the length of the marriage is one of about a dozen factors which courts must take into account when ruling on spousal support. But... Read More

My wife and I are going with an uncontested divorce in the state of NY. Can I still collect child support if I sign of on this.

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends upon what it is that you have signed.
That depends upon what it is that you have signed.

Do I need my husbands consent for divorce if he's been in prison 3+ years, and has 6+ years left?

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You do not need your husband's consent under any circumstances, prison or no...
You do not need your husband's consent under any circumstances, prison or no...

How do I get a New york State divorce while staying in Canada?

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can hire an attorney and, assuming that you can get documents notarized with a US Notary in Canada, perhaps at a consulate or embassy, and assuming that the case is uncontested, you can file and complete the divorce without returning to the USA. However, if it's contested you will have to appear in court.... Read More
You can hire an attorney and, assuming that you can get documents notarized with a US Notary in Canada, perhaps at a consulate or embassy, and... Read More

who has to pay child support?,how can I finalized a divorce?how can I get amediator?

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to consult an attorney and work through your situation in detail - your posting here is far from clear. Generally the parent who is the non custodial parent pays support to the party who is the custodial parent.
You need to consult an attorney and work through your situation in detail - your posting here is far from clear. Generally the parent who is the non... Read More

Is my post-nuptial agreement valid in New York?

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If it is not properly notarized it is not enforceable.
If it is not properly notarized it is not enforceable.

is my husband entitled to my trust money in case of divorce

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If it is inherited money or a gift specifically to you and it has never been put in a joint account it is separate property, not subject to equitable distribution in a divorce. You should consult a local divrce attorney and discuss your situation in detail: it is the responsibility of a person who claims separate property to prove its separate nature.... Read More
If it is inherited money or a gift specifically to you and it has never been put in a joint account it is separate property, not subject to equitable... Read More

Can my son change his name despite my stipulation saying otherwise?

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. Your son is not bound by your agreement.
Yes. Your son is not bound by your agreement.

Annulment Filing

Answered 10 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have lived in New York for two years you can file here. However, filing for an annulment and getting one are two different things. Filing is easy. The rest, not so much.
If you have lived in New York for two years you can file here. However, filing for an annulment and getting one are two different things. Filing is... Read More

Should I send to my husband's lover, a letter of intent to sue for alienation of affection prior to filing for divorce?

Answered 10 years and 9 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Most states no longer recognize such actions for lawsuits, as those are generally a relic of the past. You should talk to a divorce attorney in your city that can answer specific questions about how the affair may impact the divorce. You can use the Find a Lawyer tab to locate an attorney. Good luck!... Read More
Most states no longer recognize such actions for lawsuits, as those are generally a relic of the past. You should talk to a divorce attorney in your... Read More

Can I get financial support from my husband if we get a divorce?

Answered 10 years and 9 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Yes. You need to get a support order and you need to be able to collect on it.
Yes. You need to get a support order and you need to be able to collect on it.

Am I entitled to half a retirement from the future ex if he is retired already?

Answered 10 years and 9 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This would depend on the length of your marriage among other things. You should consult an attorney.
This would depend on the length of your marriage among other things. You should consult an attorney.

Will I need to pay something to my husband after divorce if I was in medical school and became a doctor while we've been married?

Answered 10 years and 10 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. Get a prenup!
Yes. Get a prenup!

Can my wife change the password to an email account where all of our household messages come?

Answered 10 years and 10 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you hire a lawyer they can attempt to get it "unlocked," but in divorce, documents are power, so expect her to be gathering everything she can so she'll have a head start on the financials. You should attempt to do the same. Good luck.
If you hire a lawyer they can attempt to get it "unlocked," but in divorce, documents are power, so expect her to be gathering everything she can so... Read More

Which courthouse do I file the divorce paperwork in? How?

Answered 10 years and 10 months ago by James Timothy Weiner (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Divorce
In Michigan you file in the circuit court of the county where you live..if you cannot do the necessary research to determine where and how you file it will be significantly better if you hire an attorney.
In Michigan you file in the circuit court of the county where you live..if you cannot do the necessary research to determine where and how you file... Read More

Can I prevent my spouse from accessing a private bank account?

Answered 10 years and 10 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your spouse may have the right to know what money is in the account, particularly if it contains marital property. Full disclosure is a right and a requirement in divorce. Good luck.
Your spouse may have the right to know what money is in the account, particularly if it contains marital property. Full disclosure is a right and a... Read More

We are legally separated after 23 years of marriage, am I entitled to any of my husband's rail road retirement?

Answered 10 years and 10 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In such a long marriage you should certainly be entitled to some of his retirement and conversely he might be entitled to some of yours. As you can tell this is a complex issue and you will need to discuss it with a family law attorney.
In such a long marriage you should certainly be entitled to some of his retirement and conversely he might be entitled to some of yours. As you can... Read More

What can I do if the house in the divorce is not in my name? How?

Answered 10 years and 10 months ago by James Timothy Weiner (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Divorce
Yes by law the house is marital property regardless of whether its in your name or not
Yes by law the house is marital property regardless of whether its in your name or not

in a divorce and she gets the house do i have to pay a portion of the mortgage

Answered 10 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends upon the agreement or order of the court...
That depends upon the agreement or order of the court...

No Fault Divorce New York State

Answered 10 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The separation agreement may indeed complicate things, depending, of course, upon what it is that is stated in the agreement. However, under some circumstances it could prove to be an advantage.
The separation agreement may indeed complicate things, depending, of course, upon what it is that is stated in the agreement. However, under some... Read More

Does a divorce decree need to be filed with the clerkโ€™s office before I can get remarried?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes and you probably need to show it to get a marriage license.
Yes and you probably need to show it to get a marriage license.

I want to drop my married name and NOT go back to maiden name, but to my mother's maiden name

Answered 10 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file a name change petition in Supreme Court unless you're in the city of New York in which case you file in Civil Court.
You can file a name change petition in Supreme Court unless you're in the city of New York in which case you file in Civil Court.

How is equitable distribution of marital property determined when spouse left 2 years ago?

Answered 10 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Equitable distribution is determined after an analysis of the economic basis of each item that is marital property.
Equitable distribution is determined after an analysis of the economic basis of each item that is marital property.

If i live in suffolk county new york can i file for an annullment online?

Answered 10 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, you can not file for an annulment or a divorce online.
No, you can not file for an annulment or a divorce online.

What is the best procedure to divorce if I do not know where my spouse is living?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This type of divorce can be really relatively fast, but the court will usually require that you make some effort at service. This can be by publication if ok'd by the court. Talk to a local divorce attorney about this type of alternative service.
This type of divorce can be really relatively fast, but the court will usually require that you make some effort at service. This can be by... Read More