I have been away from my husband since 2000 an have no contact with him or know where he is living. Its possible that he is living outside the u.s. . Will I have to move back to mass for this divorce? help plz
As long as you have resided in New York State for two years then the Supreme Court has jurisdiction to hear the divorce.
1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.See question
Basically. It means it signed off then. Correct.
If you are referring to a a Judge signing off on the Judgement of Divorce, check WebSupreme or with the clerk's office in the county in which your divorce was filed.See question
I have been married to my wife for three years now and just discovered she has been cheating on me for the last year. We live in an apartment together that has my name on the lease and my name only. Can I legally kick her out before filing divorce...
No, you can not unilaterally evict a spouse from the marital home.See question
Please tell me how to Get Divorced By Publication fastest method. Got married overseas. Don't Have her address or anything. She entered the USA on a tourist visa. Planned to self petiton herself for green card. I want to divorce her because I ...
There is no fast method, it is a process. Ask the clerk in the county for a fact sheet for divorce by publication. Follow the procedure precisely and keep accurate records including returned envelopes. This is certainly an area better suited for a lawyer particulary with experience in that county.See question
there has been previous orders of protection and domestic violence. I have filed a motion of contempt. Will the judge remove him from the home?
Yes, but you may need to renew your motion for exclusive use & occupancy in addition to holding him in contempt. Document the specific instances for the Motion as well.See question
Does having an order of protection granted against you be used to deter or deny getting accepted for an application for US Citizenship?
Having the Order of Protection in and of itself should not be an issue, however the facts and circumstances of the case can be an issue. Is it from criminal court? Is it from family court?See question
My husband is a dentist and I'm a stay at home mom. We already have a baby and I'm pregnant for the second time. My husband is verbally abusive and things are only getting worse each day. I have a green card and I'm not an American citizen yet. He...
A determination of what is in the "best interests" of the child would have to be done. This is a comprehensive analysis that includes looking at the following:
1. Each parent's age
2. Each parent's physical and mental health.
3. Each parent's ability to provide for the child.
4. The quality of care each parent can provide.
5. Child(ren)'s current lifestyle
6. Child(ren)'s current living situation
7. Whether child(ren) will be separated from siblings.
8. Child(ren)'s preference (depending on age).
9. Child(ren)'s relationship with each parent
10. Instances of abuse or domestic violence.
12. Alcohol and drug abuse.
13. Existing agreements or informal agreements relating to custody.
14. Findings of child neglect/abuse
15. Each parent's observable behavior in court
16. Willingness to foster the Child(ren)'s Relationship with the Other Parent.
17. Home environment.
If we agree to settle on the exact terms (50-50) I offered 3 years ago and after a trial where sole custody was reccommended to me by the forensic; will OP be awarded counsel fees for dragging this out?
No, a finding that a party has engaged in obstructionist tactics requires more than a mere refusal to settle.See question
That is all
Regardless, a traffic ticket generally will not be the impetus for a violation of parole. However, the prudent choice would be to disclose this to your parole officer.See question
the divorce process while I am overseas? Also, how can I find a lawyer who is willing to start such a process remotely? Thank you very much.
Yes, as long as you meet the jurisdictional requirements for a divorce in NY you can start the process remotely. Further, if it is an uncontested divorce you can do everything remotely.See question