Keith Scott Orenstein's Answers

In NY do I need an attorney to prepare a stipulation for a reversal of custody if both parents agree to terms?

There is no law that requires you to have an attorney. However, you should be aware that there are strict requirements that need to be met in order for the agreement to be valid and binding. If you do not at least have an attorney review the document, it is entirely possible that you will not have a legally binding agreement, which could result in unnecessary litigation later on.

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Do you have to go to court to after requesting a default in a divorce? Does your ex has to be informed about a default?

It is not necessary for a party to appear in court in connection with a motion for default, and the defendant does not get notice of the default. How long it takes for the divorce judgment to be finalized depends on the county where the case is pending.

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Child support termination automatic at age 21 in New York?

A parent's liability for the support of his or her children is limited to children under the age of 21 years. In the absence of an express or implied contract, parents have no duty to support an adult child after he or she turns 21. It is unnecessary to go to court to terminate child support under that circumstance; termination is automatic. For custody, visitation and other purposes, the age of majority is age 18, but for purposes of the child support obligation the age of majority remains at 21.

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What is sole custody?

Generally, sole legal and physical custody does not give you the right to dictate the time and place of visitation. Typically, when parents enter into an agreement regarding custody, they also address the details of visitation. Apparently, you have not done that. You and your husband should try to work out an arrangement that suits both of you. If you cannot, you are bound to end up in court.

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My child who is 19 will spend 2 years in jail or six months boot camp, will i still get child support

A parent of a minor child is responsible for that child's support until age 21. However, emancipation will suspend the parent's support obligation. The right to compel support is based upon the dependency of the child. Generally, A custodial parent cannot compel payments of support money for a child whose dependency upon him or her has ceased by reason of death, emancipation by marriage, attainment of majority, service in the armed forces, adoption, incarceration in penal or other custodial...

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Divorce

Assuming that the divorce is uncontested, and depending on what county you live in, generally, it takes from 3 to 6 months for the court to process the paperwork and grant a judgment of divorce.

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Process of Separation Agreement

You are asking for legal advice in order to assist you to commit insurance fraud. It is improper for a lawyer to give such advice.

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Is my husband entitled to any part of the house if I purchased it before we were married?

In general, the appreciation in the value of the pre-marital separate property of the titled spouse remains his or her separate property. An exception to this rule exists where the appreciation is due to the contribution of the non-titled spouse to the efforts of the titled spouse in bringing about an increase in value of the property. In such cases, the appreciation (but not the original value) may be considered marital property and, therefore, subject to equitable distribution. The burden...

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When a child turns 18 and wants to move out, Can the child move out without the child's parents stopping the child?

An 18-year-old can move out of his or her parents' home without permission and will be considered legally emancipated.

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How much of a residential property belongs to the wife?

The house is your husband's separate property. So, none of it actually "belongs" to you. However, you may have a right, under the equitable distribution law, to claim a portion of any increase in the value of the house that accrued between the time he was put on the deed and the date of the divorce. In order to prevail on such a claim, you would have to prove that some or all of that increase was the result of your efforts. If, on the other hand, the increase was due to market forces, you are...

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