Daniel Yaniv’s Answers

Daniel Yaniv

New York Uncontested Divorce Attorney.

Contributor Level 12
  1. My first name is spelled wrong on divorce papers

    Answered over 1 year ago.

    1. Daniel Yaniv
    2. Howard M Lewis
    3. David Alexander Browde
    3 lawyer answers

    If you were properly served and did not respond by filing a notice of appearance or answer more than likely your husband can make an application for a default divorce (that's where the court grants the divorce in your absence). As far as your name being misspelled - that can be corrected fairly simply. The bigger issue is that your husband is proceeding with a divorce and you will not be in a position to preserve your rights. Even if you agree with the divorce it would be wise to have an...

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  2. My Wife left our apartment with her daughter and found a new man and is staying with him. Can I file abandonment?

    Answered over 1 year ago.

    1. Jean M. Mahserjian
    2. Daniel Yaniv
    3. David Alexander Browde
    4. Penny S Slomovitz Glaser
    5. Douglas Shaun Kepanis
    6. ···
    9 lawyer answers

    Only if has been a year since she abandoned the marital residence (and it was unjustified). Otherwise it might be more practical to select a different grounds such as "irretrievable breakdown" of the marital relationship. Contact an attorney to start the process or call for more information.

    9 lawyers agreed with this answer

  3. Im trying to get a non contested divorce with my wife who now resides in Ireland, I am in New York

    Answered 5 months ago.

    1. Daniel Yaniv
    2. Michael Drew DiFalco
    3. David Alexander Browde
    4. David Ivan Bliven
    4 lawyer answers

    You have 2 options. The simplest would be for your wife (the defendant) to execute an affidavit accepting service. If she won't then you will need to have a third-party serve her personally as you may not act as a process server in this matter. The server will need to complete an affidavit of service and have it notarized. All signatures must be before a US notary public - you will need to visit the US Consulate/Embassy in Ireland in order to this.

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  4. If I married an international student and she's back in Korea and there is no contact, can I still file an uncontested divorce?

    Answered over 1 year ago.

    1. Joseph S Hubicki
    2. Daniel Yaniv
    3. Michael Colin Barrows
    4. David Alexander Browde
    4 lawyer answers

    Yes. But the process involved will likely require you to make an application for substituted service (most likely service by publication). It's not a simple process and I would recommend contacting an attorney for assistance.

    8 lawyers agreed with this answer

  5. What if spouse hires an attorney and files for divorce, but the other spouse cannot afford and attorney?

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. David Alexander Browde
    3. Daniel Yaniv
    4. Lawrence Allen Weinreich
    5. Susan Kathleen Duke
    6. ···
    6 lawyer answers

    To begin with, if you are the "non-monied" spouse you may be entitled to have counsel fees paid for by your spouse. This will require an application be made requesting counsel fees. You may also be entitled to temporary spousal support until such time as the issues of the marriage have been addressed by the court. More often than not, however, you will want to resolve these issues out of court in a global settlement. An attorney will be able to give you a more comprehensive explanation of...

    8 lawyers agreed with this answer

  6. I was served with summons with notice, what should I do next?

    Answered 12 months ago.

    1. Morghan L Richardson
    2. David Ivan Bliven
    3. Daniel Yaniv
    4. Jeffrey B. Peltz
    5. Eric Edward Rothstein
    6. ···
    9 lawyer answers

    Contacting the attorney alone is not a response. You will need to file a Notice of Appearance with the court and serve the Notice on your wife's attorney. Here is sample http://www.nycourts.gov/courts/6jd/forms/SRForms/otherfms_ntcappanddemand.pdf.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Uncontested divorce,spouse moved out of the country

    Answered about 1 year ago.

    1. Howard A. Schwartz
    2. Daniel Yaniv
    3. Louis Lawrence Sternberg
    4. David Alexander Browde
    4 lawyer answers

    As long as he is willing to cooperate its as simple as forwarding an affidavit for him to sign. The only requirement is that he have it notarized at an embassy or consulate as the court will not accept an acknowledgment from a foreign notary.

    7 lawyers agreed with this answer

  8. I filed for divorce 2 years ago and did not finalize. Do I have to start over again, or can same index number be used?

    Answered over 1 year ago.

    1. Lawrence Allen Weinreich
    2. Daniel Yaniv
    3. David Alexander Browde
    3 lawyer answers

    You should be able to use the original index number. Just be certain that the affidavits and documents you file with the court reflect the current updates to the law (some requirements have changed since 2010) - otherwise your case will found defective. In some instance the court/clerk may request an affidavit explaining the delay but this is rare.

    7 lawyers agreed with this answer

  9. Once my spouse has sign the divorce papers will I need him to sign any more papers after that?

    Answered about 1 year ago.

    1. Daniel Yaniv
    2. Alexander Joseph Segal
    3. Tenaja A. Thomas Montas
    3 lawyer answers

    Please clarify? If he has signed a defendant's affidavit submitting to the divorce then you will not need anything further. If he has not done so he will need to be served by some method - be it personal service or alternate service (if he has vanished altogether) before you may proceed to finalize the divorce.

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  10. How to dissolve a legal separation in NY

    Answered over 1 year ago.

    1. Daniel Yaniv
    2. Brianne Marie Carbonaro
    3. Lawrence Allen Weinreich
    3 lawyer answers

    You will need to review your separation agreement in order to determine the effect of reconciliation on the terms of the agreement. Typically, separation agreements will have the following provision (or one that is substantively similar) included: "This Agreement shall not be invalidated or otherwise affected by reconciliation between the parties hereto, or resumption of marital relations between them, unless said reconciliation or said resumption be documented in a written statement...

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