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David Centeno
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David Centeno’s Answers

250 total


  • How long do I need to wait before a divorce is final in New York?

    I have been separated from my husband for over a year now, with no separation agreement. He has been living in the house, and I have been living with my family. What needs to be done to get divorced? Do we still need to wait the year with a leg...

    David’s Answer

    No, you no longer have to wait. The new no-fault divorce law, which became effective last week, allows you to get divorced if your marriage has not been working for the last 6 months.

    Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • In separation (not legal), are both parties responsible for utilities/bills if it is in only one parties name?

    My husband and are are separated, but not legally. If I transfer cable, gas and electric bills, in his name,if he is late on payments will I be held responsible? Could it possibly show up on my credit report or effect my credit in anyway? In addit...

    David’s Answer

    These types of issues can be dealt with in a legal separation. A separation agreement would make you and your spouse's rights and responsibilities concrete. You may want to look into getting a legal separation drafted by an attorney.

    Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • After the 20 days to respond and there is no response, is the divorce settled in my favor

    After being served and there is not legal response from him, do I get the divorce no matter what?

    David’s Answer

    No you have to wait 40 days after the Defendant has been properly served and then file for the default.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • What can i get if i am divorcing husband and he owns the house?

    he owns the house (bought in his name)

    David’s Answer

    If he purchased the house during the course of your marriage, then it won't matter that it is in his name. You will still be entitled to equitable distribution.

    Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • Retirement beneficiary

    currently, my retirement beneficiary is my son. If I married, does the beneficiary change to my husband automatically?

    David’s Answer

    No, you would have to change the beneficiary. Your spouse may be entitled to equitable distribution of your pension fund for the time that you are married and it is accruing.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • Answer to Divorce

    I am representing myself in a divorce and my husband filed for divorce papers against me. Is it legal for me to type my answer. Also is it a verified answer or simply an answer. In my counterclaim, can it be any issues I have with my husband or do...

    David’s Answer

    If the complaint was verified then your answer needs to be verified. But if you are representing yourself it by its very nature is verified!

    Your counterclaim should only be based on fault or no-fault grounds from the CPLR.

    I agree that if you are asking these types of basic questions, then you should definitely hire an attorney.

    Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • Default Judgment on NYS Divorce (Abandonment) - Can she come back for maintenance?

    Hello. Several years ago my wife left me and left the country. She eventually returned but did not come home. I filed for divorce with the grounds of abandonment. She never responded to the papers, and I was granted a divorce by default judgm...

    David’s Answer

    If she was properly served and the default was properly granted, then its very unlikely that she could appeal the decision.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • Can I legally stop my husband from divorcing me ?

    In New York state, is there any way I can stop my husband from divorcing me if he has mental health problems ? He has been diagnosed with mental health issues, although I am not sure exactly what. He has drug and alcohol problems, but I believe he...

    David’s Answer

    No, unfortunately not.

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  • Do you have to be seperated for six months prior to filing for uncontested divorce?

    My soon-to-be ex decided after only 11 months of marriage that she wasn't ready for a marriage, family, etc. Do we have to wait the six months before filing for divorce? Is there any other option available for being married less than one year? ...

    David’s Answer

    You don't need to separate for a year. As long as you claim that your marriage has "irretrievably broken down" for six months you can get a divorce. Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

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  • My husband's facebook addiction and impropper usage has caused us to get a divorce, we have a 2 mth old baby. What can i do?

    My husband and i have been having major problems because he has been doing improper things on facebook and neglecting his family. We got pregnant and during my pregnancy i was neglected and humiliated. He moved out leaving me and the baby, i had t...

    David’s Answer

    If your husband has not yet filed for divorce in Georgia and you meet the NY residency requirements, it may be to your advantage to file for divorce in NY to be given the benefits and protection of our divorce, child support and equitable distribution laws.

    Many attorneys (like me) offer free consultations. Feel free to get in touch to further discuss your situation in more detail.

    THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.

    See question