Jill Marie Zuccardy's Answers

Can I get divorced in the state of NY without my spouse signing?

You can get divorced without your spouse signing if the spouse "defaults" after s/he is served with the papers. In other words, if the spouse is legally served with the papers, and after 40 days does not file any response with the court, you may go forward and get the divorce. In your case, it seems that service will be an issue. In a divorce, it is typically the case that the spouse must be handed the documents personally. However, the court can give permission, where the spouse cannot...

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If I leave my husband and take my son across state lines will this be considered kidnapping, will I get into trouble with the l

When there is no custody order in place, neither party can be charged with kidnapping. There is nothing stopping either parent from moving. I AM NOT ADVISING ON YOUR SPECIFIC CASE, because every case is different, but I will outline some possibilities: If a parent/mother moves, and the parent/father knows where the mother is, and the father DOESN'T OBJECT, once the mother is in the new state for six months, the new state would be in charge of any custody cases and the mother and child...

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Rights of Legally Incompetent adults in N.Y pertaining to marriage and divorce

Your question does not contain information about what you mean by his "rights." If you bring a guardianship proceeding to be in charge of all of his affairs, whether you could commence and prosecute a divorce on his behalf would likely depend on the breadth of the guardianship order, although I suspect that in any such case a matrimonial judge would also appoint an independent guardian ad litem especially if children are involved. If he is sued for divorce, the divorce court would be bound to...

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I am divorced and have 2 kids. I am responsible for medical insurance in my agreement.

If your children are received state-sponsored health insurance (which they probably do, through Child Health Plus), you should check with CHP about whether a new spouse's income would be included in calculating whether your children remain eligible. The internet FAQ's may be able to answer your question preliminarily, but it is always good to call as well and ask the question: "If I get married, will my new husband's income be used to determine whether my children are eligible for child...

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Can I serve my spouse the divorce papers?

You may not need to use a licensed process server. It depends on whether you can afford to use one (times are tough), and also on your relationship with your soon-to-be-ex-spouse. If s/he is not going to fight the divorce and won't say s/he never got the papers, you can choose to have a friend or relative serve him/her without too much risk of messing up the case. The key is to make sure that the person who serves (1) can identify him/her (knows him/her); (2) asks him/her if she is in...

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Child support

Child support can only be sought from the date that the person first files a petition for child support. The court will not look at what was paid or accepted prior to the date of filing. So, it would be odd for him to file in court and ASK for a child support order! He should pay what he can and if she files for child support, child support usually is calculated based on the guidelines (with which you seem familiar). If he has other children or unusual expenses, among other grounds, he...

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If a 20 yr old moves out of the mother's home & works full time, does the father still have to pay child support? In New York St

I respectfully disagree that an attorney will be necessary to stop the child support obligation. It is a relatively straight forward application to the Family Court. You can even find the form on the Unified Court System web site. Of course, there will likely be two days of work missed, or even three to go to court, so that may be a financial consideration. Although the law doesn't permit relief prior to the date of filing, in the situation you described it may be that you get relief...

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What happens if both parties do not show up to family court for a child support hearing ?

He should definitely appear. Among other things, he received a summons to go to court and he should abide by it. Also, she may decide to appear at the last minute and if he is not there the court will make an order of child support based on what she says the financial situation is!

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Where can i find a free legal aid in the bronx ny for an order protection case?

Sanctuary for Families Center for Battered Women's Legal Services has an office in the Bronx. I believe that the phone number there is 718-993-5990. If they don't have anyone available, they may be able to direct you to another legal services program in the area.

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I went to supreme court in ny, ny in Nov 2011. I checked e court saw that he has til June 2012 to file a NOI

Even when a divorce is "granted" in court or when you sign an agreement to the divorce, there still must be a submission of final papers to the court to finalize the divorce. Either the husband or the wife, if they are pro se, or the attorney for either one must take this step. This submission will include a Note of Issue, which usually costs $125. From what you state in your question, it does not sound like your final papers have been filed yet if the computer is tell you that the Note of...

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