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 7
Do you have any New York Divorce questions page 7 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

Can I stop my girlfriend from taking the kids?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, but you had better see a lawyer right away about filing a petition for custody at least joint custody.
No, but you had better see a lawyer right away about filing a petition for custody at least joint custody.

Can my husband get me off his annuity by listing another beneficiary?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, he can put any beneficiary he wants on his annuity. There is no requirement that he place you there unless there is a court order as in a divorce that he do so.
Yes, he can put any beneficiary he wants on his annuity. There is no requirement that he place you there unless there is a court order as in a... Read More

If a divorce decree states you must file jointly for your last year of marriage, is the debt owed jointly?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If this is not set out in the decree, then presumption would be that the debt is split 50/50. The IRS will not make this presumption and come after both of you until the debt is paid. Discuss this with your divorce attorney.
If this is not set out in the decree, then presumption would be that the debt is split 50/50. The IRS will not make this presumption and come after... Read More

If your court papers are filed last year with the court awaiting a judgeโ€™s signature, can I file single not married taxes?

Answered 10 years and 11 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This is a question that you should take to a tax accountant, or a specialized tax attorney.
This is a question that you should take to a tax accountant, or a specialized tax attorney.

What can I do if the truck is in my name but my wife can't afford it and she wants to let them repossessed it?

Answered 11 years ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the truck is in your name a repossession will definitely hurt your credit.
If the truck is in your name a repossession will definitely hurt your credit.

Can I make my ex-wife stop using my last name?

Answered 11 years ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, it is her decision whether to change unless it was set out as part of the divorce agreement.
No, it is her decision whether to change unless it was set out as part of the divorce agreement.

How can I know if my divorce is finalized?

Answered 11 years ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Check with the clerk of the court it was filed in. There should be a record of the judge signing the final decree.
Check with the clerk of the court it was filed in. There should be a record of the judge signing the final decree.

Is it customary in New York to ask both parties to sign confidentiality agreement before discovery part of the divorce?

Answered 11 years ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It isn't customary, but it's also not uncommon.  Whether it's necessary in your case can't be analyzed without more information.
It isn't customary, but it's also not uncommon.  Whether it's necessary in your case can't be analyzed without more information.

My wife filled for divorce. I have been given 20 days to respond. Who do I respond too.

Answered 11 years ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You respond to whomever is listed on the Summons.
You respond to whomever is listed on the Summons.

moving to another state

Answered 11 years ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The review would be conducted by the court in which your divorce was granted.
The review would be conducted by the court in which your divorce was granted.

husbands pension after divorce

Answered 11 years ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you do not have proper orders filed as signed by the court there is no way that you will know or be able to prevent something like that. If you do have proper orders if something improper happens you'll at least have recourse.
If you do not have proper orders filed as signed by the court there is no way that you will know or be able to prevent something like that. If you do... Read More

QUADRO

Answered 11 years ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
It is submitted to the Court, usually with the other documents relating to the divorce.
It is submitted to the Court, usually with the other documents relating to the divorce.

How do I file for divorce if we live in different state, no minor dependents and I have had legal residence for a year?

Answered 11 years ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you want to file in NY, go to the NY Family Court page and all the forms are there.
If you want to file in NY, go to the NY Family Court page and all the forms are there.
It doesn't seem likely. This would all be divided up with the marital assets in the divorce settlement. Contact a family law attorney to represent your interests.
It doesn't seem likely. This would all be divided up with the marital assets in the divorce settlement. Contact a family law attorney to represent... Read More

How long does a uncontested divorce take?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
This makes little to no sense. There's no way an uncontested case filed in 2011 should still be on the docket. Get a lawyer to review the paperwork and get it done properly.
This makes little to no sense. There's no way an uncontested case filed in 2011 should still be on the docket. Get a lawyer to review the paperwork... Read More

What are the age limits on divorce?

Answered 11 years and a month ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no age limit on divorce.
There is no age limit on divorce.

Can my former attorney charge me to make copies of my file after I discharged him and retained another attorney?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's normal to charge for copying a file. As to unexpended retainer funds you have a right to a full refund on demand.
It's normal to charge for copying a file. As to unexpended retainer funds you have a right to a full refund on demand.

i have no money for a lawyer how can get help

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you are indigent you can seek appointed legal help at your county courthouse.
If you are indigent you can seek appointed legal help at your county courthouse.

What does "barriers to remarriage" mean?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There are no pitfalls. Some religions require consent of the former spouse if one is to remarry. All you're agreeing is to give that permission if required.
There are no pitfalls. Some religions require consent of the former spouse if one is to remarry. All you're agreeing is to give that permission if... Read More

how to respond to a devorce summons without a lawyer

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That depends. Without seeing the rest of the documents it's impossible to tell.
That depends. Without seeing the rest of the documents it's impossible to tell.

How long do I have to wait to remarry after getting divorced?

Answered 11 years and a month ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can marry as soon as the judge signs the final decree of divorce.
You can marry as soon as the judge signs the final decree of divorce.

Can a lawyer dismiss you as a client after you have paid them to represent you?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
What does your retainer agreement say? That governs the relationship between you and the attorney.
What does your retainer agreement say? That governs the relationship between you and the attorney.

is a verbal agreement binding in n.y.?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. Verbal agreements mean nothing in the context of a divorce.
No. Verbal agreements mean nothing in the context of a divorce.

My friend lives in NY state and wants to get divorced.Both vehicles are leased in husbands name only.She's afraid when he gets served divorce papers

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She can consult a lawyer and discuss what she knows. While he may attempt to take the cars and assets if she has an attorney it will be less likely that he will succeed.
She can consult a lawyer and discuss what she knows. While he may attempt to take the cars and assets if she has an attorney it will be less likely... Read More

divorce

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have a lawyer you should be guided by his/her advice. It's impossible for anyone to assess the case without understanding of the financial situation of the parties.
If you have a lawyer you should be guided by his/her advice. It's impossible for anyone to assess the case without understanding of the financial... Read More