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 8
Do you have any New York Divorce questions page 8 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

canmyspousegetmysavingsaccountandretirement

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your view of reality may match your use of the space bar. New York uses something called equitable distribution.
Your view of reality may match your use of the space bar. New York uses something called equitable distribution.

When going through a divvoice, are you considered legally separated, even though you did not go through the courts for a legal separation?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. You are married until the judgment of divorce is signed.
No. You are married until the judgment of divorce is signed.

what is the process when your spouse is out of the country?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file for divorce here and have him served in Trinidad.
You can file for divorce here and have him served in Trinidad.

Can I get a nofault divorce in new york with out my spouses signature?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file a summons and complaint and have it served.
You can file a summons and complaint and have it served.

how can I get a free lawyer for my divorce

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you are indigent you can apply for legal assistance at your county courthouse. If you are not indigent you can try to go through local social services agencies, but you don't have much chance
If you are indigent you can apply for legal assistance at your county courthouse. If you are not indigent you can try to go through local social... Read More

How can an American Citizen File for Divorce from Estranged Wife living in Guyana?

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If he meets the residency requirement in New York he can file here and have her served in Guyana.
If he meets the residency requirement in New York he can file here and have her served in Guyana.

Divorce modification

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's not clear exactly what it is to which you agreed and there may or may not be grounds to modify any of it. Have the document reviewed by a local attorney and discuss options.
It's not clear exactly what it is to which you agreed and there may or may not be grounds to modify any of it. Have the document reviewed by a local... Read More

How do I get my attorney to act on an agreement. That is, to arrange for a written agreement to be signed

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's hard to imagine what the problem might be - but if you can't get the attorney to respond appropriately the only real alternative is to find someone else.
It's hard to imagine what the problem might be - but if you can't get the attorney to respond appropriately the only real alternative is to find... Read More

I won my contempt of court and dont know how to get my ex husband to pay what he owes.

Answered 11 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have to make a determination as to whether he has assets from which you can collect or a salary you can access, then, if the answer is yes, get a judgment and domesticate the judgement in Florida. Once that's done you can seek to execute on the judgment. This is rarely a do it yourself project. ... Read More
You have to make a determination as to whether he has assets from which you can collect or a salary you can access, then, if the answer is... Read More

divorce or marriage annulment

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you don't meet hte residency requirement and he doesn't meet the residency requirement you can not file in New York. Once he meets the requirement you can file here. Why not file in the Ivory Coast?
If you don't meet hte residency requirement and he doesn't meet the residency requirement you can not file in New York. Once he meets the requirement... Read More

Divorce I live in ny he lives in boston 4yrs

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, you can file here.
Yes, you can file here.

When the judge approves you to put an ad in a local newspaper in attempt to locate your spouse to get a divorce, how much does it usually cost?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends upon the newspaper. You can verify it by asking what newspaper and checking their ad rates.
It depends upon the newspaper. You can verify it by asking what newspaper and checking their ad rates.

Funds uncovered after divorce

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If it's an inheritance to him you are not entitled.
If it's an inheritance to him you are not entitled.

Divorce lawyer giving defendant legal advise which is harming my case

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In my view it's not harming your case - it's merely stating a fact.  I can see how you would be concerned - but your lawyer has to handle things carefully in dealing with someone who is pro se.
In my view it's not harming your case - it's merely stating a fact.  I can see how you would be concerned - but your lawyer has to handle things... Read More

NY Divorce. Can Foreign assets be counted in divorce

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, the house may be a marital asset regardless of its location.
Yes, the house may be a marital asset regardless of its location.

What are my rights to a home deeded in both our names in a divorce?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Not necessarily. Depending upon the source of the funds used to purchase the home and the rest of the settlement a) it would be equity at issue, not the value of the home; b) it may not be 50%, and c) he does not have to buy you out - the court could require that the home be sold.... Read More
Not necessarily. Depending upon the source of the funds used to purchase the home and the rest of the settlement a) it would be equity at issue,... Read More

Can get a divorce when only one party is here in NY

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, he can file for divorce here if he meets the residency requirement. Service of process in Israel is possible.
Yes, he can file for divorce here if he meets the residency requirement. Service of process in Israel is possible.

I 've been married since 1992. We separated in 2009. What am I automatically entitled to, such as pensions, retirement?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no automatic entitlement - in a divorce proceeding the marital assets are divided equitably. If you have been living apart without spousal suppport since 2009 it is going to be difficult for you to claim you need it now. However you probably have a substantial entitlement to pension benefits and other retirement assets, depending upon your separation agreeement.... Read More
There is no automatic entitlement - in a divorce proceeding the marital assets are divided equitably. If you have been living apart without spousal... Read More

Non-Payment of Alimony

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have a lawyer that attorney should know how to enforce a court rder. However, if it is recommendations rather than an order there is nothing to enforce.
If you have a lawyer that attorney should know how to enforce a court rder. However, if it is recommendations rather than an order there is nothing... Read More

my husband filed an Order of Protection on me.How can I get divorced now since i cannot file for the divorce papers

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can seek court permission to serve the papers.
You can seek court permission to serve the papers.

My husbands former wife, wants her name on his pension benefit package. She claims to have hired a lawyer to do so.

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Her entitlement, if any, would be defined in the settlement agreement or judgment of divorce.
Her entitlement, if any, would be defined in the settlement agreement or judgment of divorce.

I live in nys. I have been separated from my husband for 3.5 years. He won't sign divorce papers. What can I do?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Get a lawyer, file for divorce without his signature.
Get a lawyer, file for divorce without his signature.

My wife abandond the marriage

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no legal requirement that you keep her insured. However, you could be held responsible for her medical bills if you're still married. If you file for a divorce the issue will be resolved in the course of the divorce case.
There is no legal requirement that you keep her insured. However, you could be held responsible for her medical bills if you're still married. If you... Read More

what to get divorce and how much

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contact a local attorney and work out the paperwork.
Contact a local attorney and work out the paperwork.

What is the cut off date to determine marital property in New York State?

Answered 11 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Why the rush? And why do you want to do that at all??? It's a move that could cost you subtantially if you two break up.
Why the rush? And why do you want to do that at all??? It's a move that could cost you subtantially if you two break up.