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Todd Andrew Spodek
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Todd Spodek’s Answers

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  • I was married in Mass. but I have lived in ny since 2000. Do I have to live in mass to get a divorce or can I do it from Ny?

    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

    Todd’s Answer

    As long as you have resided in New York State for two years then the Supreme Court has jurisdiction to hear the divorce.

    Residency Requirements:
    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.

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  • Divorce

    Basically. It means it signed off then. Correct.

    Todd’s Answer

    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.

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  • Can I kick my wife out of our apartment in New York City?

    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...

    Todd’s Answer

    No, you can not unilaterally evict a spouse from the marital home.

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  • Divorce By Publication FASTEST METHOD

    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 ...

    Todd’s Answer

    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.

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  • I was awarded exclusive use & occupancy in a separation order. I briefly reconciled with my husband and now he refuses to leave

    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?

    Todd’s Answer

    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.

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  • Family Court Cases and Citizenship

    Does having an order of protection granted against you be used to deter or deny getting accepted for an application for US Citizenship?

    Todd’s Answer

    • Selected as best answer

    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?

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  • Custody of my child.

    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...

    Todd’s Answer

    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.

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  • Counsel fees in Divorce after settlement

    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?

    Todd’s Answer

    No, a finding that a party has engaged in obstructionist tactics requires more than a mere refusal to settle.

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  • If I received a traffic ticket in New Jersey for not wearing a seatbelt in the back seat will it show up in Nys parole

    That is all

    Todd’s Answer

    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.

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  • Hi. I am in need of hiring a lawyer urgently, but I am currently overseas till the end of August. Is there any way I can start

    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.

    Todd’s Answer

    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.

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