Daniel Yaniv’s Answers

Daniel Yaniv

New York Uncontested Divorce Attorney.

Contributor Level 11
  1. My first name is spelled wrong on divorce papers

    Answered 6 months ago.

    1. Daniel Yaniv
    2. David Alexander Browde
    3. Howard M Lewis
    3 attorney 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 4 months ago.

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

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

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

    Answered 6 months ago.

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

  5. 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 5 months ago.

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

  6. How to dissolve a legal separation in NY

    Answered 6 months ago.

    1. Daniel Yaniv
    2. Brianne Marie Carbonaro
    3. Lawrence Allen Weinreich
    3 attorney 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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  7. If my wife and I both want a divorce can we just sign the papers and mail them in for free?

    Answered about 1 month ago.

    1. Jeffrey B. Peltz
    2. Lori Noel Bovee
    3. Daniel Yaniv
    4. Jill Marie Zuccardy
    5. Morghan L Richardson
    6. ···
    6 attorney answers

    If both parties are cooperating you can certainly obtain an uncontested divorce. It's not free but can remain relatively inexpensive. You will need to address the fact that your wife is currently expecting a child but that should not be an issue. You may obtain further information by visiting www.uncontesteddivorceny.com.

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  8. Child support

    Answered 5 months ago.

    1. Daniel Yaniv
    2. Louis Lawrence Sternberg
    3. Russell Boon Rhea
    4. Jayson Lutzky
    5. Maria C. Tebano
    5 attorney answers

    Generally child support is fixed until either party seeks a modification. Regular bonuses are typically factored into the non-custodial parent's income in determining support. You may have child support paid through the CSCU if he has been delinquent in the past. You will need to make an application thought the family court.

    6 lawyers agreed with this answer

  9. What are my legal options?

    Answered 6 months ago.

    1. Daniel Yaniv
    2. David Alexander Browde
    3. Martin Paul Weniz
    4. Keith G Langer
    4 attorney answers

    This question requires some clarification. Were you served with a divorce or did he have you sign a separation agreement? How did he stop the divorce process? Depending on your circumstances there may be some steps that you can take to protect yourself but I would need more detailed information in order to properly guide you.

    6 lawyers agreed with this answer

  10. What is the cheapest and fastest way to divorce someone in NY who has no green card or social sec. number?

    Answered 6 months ago.

    1. David Alexander Browde
    2. Mary Katherine Brown
    3. Irene Vaisman
    4. Louis Lawrence Sternberg
    5. Lawrence Allen Weinreich
    6. ···
    8 attorney answers

    I would recommend simply commencing a divorce action and having him served. Your spouse does not need a Social Security No., or any government issued ID in order for you to successful obtain a divorce. Depending on several factors, this may impact his application - if this is in fact a concern for you be sure to consult with an immigration attorney first. An uncontested divorce will be relatively inexpensive (www.uncontesteddivorceny.com).

    6 lawyers agreed with this answer

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