Kenneth Alan Eiges’s Answers

Kenneth Alan Eiges

New York Divorce / Separation Lawyer.

Contributor Level 7
  1. What happens if I arrive late to my first apprearance for child custody . I am in the process of retaining a lawyer to attend

    Answered over 2 years ago.

    1. Kenneth Alan Eiges
    2. Eric Edward Rothstein
    3. Mary Katherine Brown
    4. Yefim Rubinov
    5. Richard Batelman
    6. ···
    7 lawyer answers

    Your attorney may be able to schedule a telephonic hearing for you. You will be able to avoid the costs and time of travelling.

    5 lawyers agreed with this answer

  2. Can I file for uncontested divorce even if I have two kids

    Answered over 2 years ago.

    1. David Alexander Browde
    2. Robert B. Pollack
    3. Howard A. Schwartz
    4. Paul Karl Siepmann
    5. Kenneth Alan Eiges
    5 lawyer answers

    You can hire a lawyer and have your husband pay your legal fees. As soon as your husband speaks to a lawyer he will see the light. In addition if he tries to fight the divorce he may have to pay temporary maintenance to you

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What are my chances at winning full custody?

    Answered over 2 years ago.

    1. Kenneth Alan Eiges
    2. Scott I. Orgel
    3. Mary Katherine Brown
    4. Megan Misiti Cumbo
    4 lawyer answers

    You do have custody of your child. There is no way that a judge would give custody to your husband unless there were extenuating circumstances i.e. abuse, issues of safety etc. Clients often get caught up in legal terms. What does the term "legal guardian" mean to you. Is it necessary that he be appointed. Why? Without the father's consent an adoption by your fiancee would be doubtful. You should consult an attorney who can help you understand the issues involved.

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Jill Marie Zuccardy
    2. Elazar Aryeh
    3. Kenneth Alan Eiges
    4. Tzvi Yehuda Hagler
    4 lawyer answers

    You would have to either find your spouse or make a motion to the court for an order of publication. This will allow you to publish the summons in a newspaper. If you have your husband's social security number or other information about him an attorney can perform a computer search. Our office can perform that type of search

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Custody of US Born child for Non-US citizens currently facing divorce

    Answered almost 3 years ago.

    1. Gerry M. Wendrovsky
    2. David Alexander Browde
    3. Kenneth Alan Eiges
    3 lawyer answers

    You left out the fact of whether the mother is a United States Citizen. If she is not there is no question that issues regarding child custody will be subject to the laws of India. If the mother is a USC I would have to contact an attorney in India to work out a custody arrangement. I recently had a similiar problem with an American Citizen who moved to Argentina and married an Argentinian national. I recently returned from Argentina and the court there ordered that the child had to remain...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My divorce decree I claim the kids

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. Brian Michael Radke
    3. Kenneth Alan Eiges
    3 lawyer answers

    Child support is not income. Maintenance is income to your spouse and deductible on your tax return.

    4 lawyers agreed with this answer

  7. Do Automatic Orders per DRL 236 apply to property under contract prior to filing and service of summons with notice of Divorce

    Answered over 2 years ago.

    1. Kenneth Alan Eiges
    2. Philip Adam Kusnetz
    3. Tzvi Yehuda Hagler
    3 lawyer answers

    You are asking a very good question. The property is already in contract. I assume you are not selling at an amount below the fair value of the property. I also assume that you are correct in categorizing the property as a joint assett. Equitable distribution does not always mean a 50/50 division of property. You are you spouse may be entitled to more than half. From a conservative postion I would recommend you place all the proceeds in escrow at this time. Even if you were served with...

    2 lawyers agreed with this answer

  8. No fault divorce

    Answered over 2 years ago.

    1. Elazar Aryeh
    2. Kenneth Alan Eiges
    3. Stacey A. O'Neill Balduf
    3 lawyer answers

    Under NY law DRL 170 sec.(g) " the irretrievable breakdown of the marital relationship for a period of at least six month" is a ground for divorce.

    2 lawyers agreed with this answer

  9. Can my divorce attorney help me with the tax implications of divorce?

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Howard A. Schwartz
    3. Anthony Peter Vigna
    4. Adelola Sheralynn Dow
    5. Jeffrey Bruce Gold
    6. ···
    8 lawyer answers

    Your attorney should know the tax issues involved in a matrimonial case. For example maintenance is tax deductible for the payor and income to the payee. Distribution of assets are more complicated. After your attorney advises you of the tax issues which may affect you, your attorney should refer you over to an accountant or tax attorney familiar with taxation and Divorce issues.

    2 lawyers agreed with this answer

  10. Getting divorced without going to court, or seeing spouse in person.

    Answered over 2 years ago.

    1. Penelope J Blizzard-McGrath
    2. Howard A. Schwartz
    3. Leta Liou
    4. Kenneth Alan Eiges
    4 lawyer answers

    You have to have your husband personally served after you purchase an index number. I often ask client if they have a friend who knows the defendant. A friend who knows the defendant and has a photo of him can make service on him. Other alternatives are hiring a process server or have you husband sign a consent to the divorce. You could mail him a consent form

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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