Joseph S Hubicki’s Answers

Joseph S Hubicki

Westport Divorce / Separation Lawyer.

Contributor Level 14
  1. Family law support needed: regarding compelling intervening with respect to Private Schooling.

    Answered about 2 years ago.

    1. Joseph S Hubicki
    2. David Ivan Bliven
    3. Susan Jo Civic
    4. Jill Marie Zuccardy
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    You need to contact and retain a family law practitioner to prepare the motion you are contemplating.

    11 lawyers agreed with this answer

  2. If I married an international student and she's back in Korea and there is no contact, can I still file an uncontested divorce?

    Answered over 2 years ago.

    1. Joseph S Hubicki
    2. Daniel Yaniv
    3. Michael C. Barrows
    4. David Alexander Browde
    4 lawyer answers

    The grounds for the divorce can be abandonment or irretrievable breakdown. If you know where she lives in Korea the United States and South Korea are parties to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. If you do not know where she lives in Korea, then you have to show the court that you made a diligent effort to locate her before the court will authorize substituted service. Because it is unusual situation, you really...

    9 lawyers agreed with this answer

  3. Can he sue me in small claims court to return the engagement ring?

    Answered almost 2 years ago.

    1. Joseph S Hubicki
    2. George W Boath JR
    3. Tanya Marie Bachand
    3 lawyer answers

    The question is not whether he can sue you (anybody can make a claim), but rather will he succeed. The rule in Connecticut, and in most jurisdictions, is that "where an engagement is broken owing to the fault of the donor, he may not recover the ring." White v. Finch, 209 A.2d 199 (Cir. Ct. Conn. 1964). So, in general, if the couple agrees to get married, and gifts are given in anticipation of marriage (including an engagement ring), and the engagement is broken off, the court must determine...

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  4. If my husband was drunk during the ceremony of marriage can we get an annulment?

    Answered about 2 years ago.

    1. Joseph S Hubicki
    2. David Ivan Bliven
    3. Morghan L Richardson
    4. Jayson Lutzky
    4 lawyer answers

    The situation does not fall within the categories for annulment in New York. The annulment category of "Incapable of consenting for want of understanding " DRL 7(2), usually applies to diagnosed mental retardation or mental illness. You can get a divorce based on "irretrievable breakdown," but you have to wait until six months after the marriage.

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  5. How can I get an emergency court date ?

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. Peter Christopher Lomtevas
    3. Mary Katherine Brown
    4. Lee Alan Thompson
    5. David Ivan Bliven
    6. ···
    6 lawyer answers

    Go to Family Court and file an order to show cause.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What rules of evidence govern the inadmissibility of evidence, where both parties agreed per a settlement to exclude the info

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. Peter Christopher Lomtevas
    3. David Ivan Bliven
    3 lawyer answers

    Reports generally are not admissible except under certain exceptions. The author would have to testify. If there is an agreement that the report is not to be used as evidence, then the judge will very likely not allow it. Best of luck.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Obtaining full custody of my son

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Joseph S Hubicki
    3. Jayson Lutzky
    4. Susan Jo Civic
    4 lawyer answers

    There are a number of issues involved in your question. First, revolves around which court has jurisdiction over the custody issue. Generally, under uniform international custody laws, the country or state that where the child has resided for the past six months is considered the "home" jurisdiction. Assuming South Africa is the home jurisdiction, then the court in South Africa may be the only forum to adjudicate the custody of your son, unless the mother agrees otherwise. You should...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is it illegal to do a false claim about a car accident?

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. David Brian Snyder
    3. Manuel Alzamora Juarez
    4. Christian K. Lassen II
    4 lawyer answers

    Let your insurance company deal with this. It is not worth pursuing with a lawyer. You pay insurance premiums - they are supposed to provide you with a defense.

    8 lawyers agreed with this answer

  9. Should I find my daughters biological father if I plan on having my boyfriend adopt her?

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. Jayson Lutzky
    3. Ophelia Genarina Bernal-Mora
    4. Mary Katherine Brown
    4 lawyer answers

    Part of the process for having your daughter adopted is a termination of the biological father's parental rights. There cannot be an adoption without the court first terminating the father's rights, and the court will require that the biological father be notified. The termination of rights will go smoothly if the father voluntarily agrees to the termination of his rights. If he does not agree, then you have the burden of proving why his rights should be terminated. Another issue you should...

    8 lawyers agreed with this answer

  10. Is there anything I can do?

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. Kelvin P. Green
    3. Jayson Lutzky
    4. Mary Katherine Brown
    5. Marco Caviglia
    6. ···
    7 lawyer answers

    "I didn't marry for love" is not grounds for an annulment in New York. You can file for divorce on the grounds of adultery, but most of the time it is more practical to use the no-fault provision - irretrievable breakdown in relationship. You should consult with a divorce attorney to discuss your rights.

    8 lawyers agreed with this answer