Daniel Yaniv’s Answers

Daniel Yaniv

New York Uncontested Divorce Attorney.

Contributor Level 12
  1. Am I entitled to my wifes pension?

    Answered almost 2 years ago.

    1. Jean M. Mahserjian
    2. Daniel Yaniv
    3. Richard Batelman
    4. Rachel S. Silberstein
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    Yes. You generally will be entitled to the marital portion of the pension. Pension accruals from the date of the marriage until the date the action for divorce was commenced will be divided based upon a specific formula. This will require a Qualified Domestic Relations Order to be issued by the court before any such split can take place.

    5 lawyers agreed with this answer

  2. I have a legal separation. (NY) I want to get divorced before one year is up.

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. David Alexander Browde
    3. Howard E. Knispel
    4. Daniel Yaniv
    5. Susan Kathleen Duke
    6. ···
    7 lawyer answers

    Yes. There is no need to wait any specific amount of time before proceeding with a divorce provided you have been married for greater than 6 months and meet the NY residency requirements.

    5 lawyers agreed with this answer

  3. We have not lived together for over twenty years, no property of child support issues. She lives in NJ, me in NY

    Answered almost 2 years ago.

    1. Louis Lawrence Sternberg
    2. Daniel Yaniv
    3. Lawrence Allen Weinreich
    3 lawyer answers

    If you meet the NY residency requirements you may file in either NY or NJ. The benefit of filing in NY is that you can avoid court appearances if both you and your spouse can agree to an uncontested divorce. Feel free to contacts our offices for a free consultation. (800) 518-0211. www.uncontesteddivorceny.com.

    5 lawyers agreed with this answer

  4. Divorce in NYC

    Answered almost 2 years ago.

    1. Daniel Yaniv
    2. Joseph S Hubicki
    3. David Alexander Browde
    4. Jayson Lutzky
    5. Lawrence Allen Weinreich
    5 lawyer answers

    If she has willingly executed the stipulation and her affidavit(s) consenting to the divorce then it would be difficult for her to challenge issues of the marriage at a later date. However, it is not unheard of for a party to reopen a case even after a settlement agreement has been executed. The best protection, as a general rule, would be to ensure that she executes the agreement under the guidance and advice of her own counsel - this way she cannot later claim that she had no idea what she...

    5 lawyers agreed with this answer

  5. I have paid an lawyer for a divorce but he has failed to file it with the court now he is asking for more money

    Answered almost 2 years ago.

    1. Daniel Yaniv
    2. Paul Karl Siepmann
    3. Jayson Lutzky
    3 lawyer answers

    You certainly have recourse depending on the terms of your retainer. If you paid a flat-fee for the services ask your attorney to substantiate the reason for seeking additional monies.

    5 lawyers agreed with this answer

  6. Are postnuptial agreements enforceable in NY?

    Answered almost 2 years ago.

    1. Daniel Yaniv
    2. Paul Karl Siepmann
    3. Susan Kathleen Duke
    4. Lawrence Allen Weinreich
    4 lawyer answers

    A post-nuptial is essentially the same as as any other marital or pre-marital agreement. It defines separate property and outlines the who-gets-what in the event of the dissolution of the marriage. As long as it is drafted properly and the terms of the agreement are not against public policy most terms will be enforceable. That said, you cannot waive child support or the like in a marital agreement and the document must conform to DRL requirements.

    5 lawyers agreed with this answer

  7. Good Morning, I am presently going through a divorce, am I entitled to life insurance from husband. I have a child 19 with him.

    Answered almost 2 years ago.

    1. Regina Powers Hunter
    2. Barbara J. King
    3. Daniel Yaniv
    4. Susan Kathleen Duke
    5. Leta Liou
    5 lawyer answers

    Yes. Generally you will be entitled to life insurance in sufficient amounts to cover child-support and/or spousal support this applicable.

    5 lawyers agreed with this answer

  8. My brother married a woman three months ago and just found out he was never divorced from his 1st wife.

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. Anthony Gerard Buono
    3. Rachel S. Silberstein
    4. Daniel Yaniv
    5. Barbara J. King
    5 lawyer answers

    Technically, the 2nd marriage is void. He will need to commence a proper divorce with his first wife. I would recommend, as odd as it may seem, that your brother obtain a new marriage license in connection with his second wife once this issue is resolved. Certainly seek legal counsel for further guidance.

    5 lawyers agreed with this answer

  9. I am married 32 years my husband wants to seperate.What am I entiteled to?

    Answered almost 2 years ago.

    1. Daniel Yaniv
    2. David Alexander Browde
    3. Mary Katherine Brown
    4. Lawrence Allen Weinreich
    4 lawyer answers

    This is a broad question that requires more specific information. That said, as a general rule New York State provides for the equitable distribution all marital property/assets. Typically pensions and retirement benefits will be divided based upon a formula that takes into account the duration of the marriage - that is, you will be entitled to 50% of the marital portion of his pension and he will be entitled to 50% of the marital portion of your pension (or the net difference). Of course,...

    5 lawyers agreed with this answer

  10. How long does it take to be legally divorced with no children, property, spousal support, in Bronx NY?

    Answered over 1 year ago.

    1. Hayley R. Greenberg
    2. David P. Badanes
    3. Daniel Yaniv
    4. David Alexander Browde
    5. David Ivan Bliven
    6. ···
    6 lawyer answers

    That depends on which county you file in. Bronx County has a backlog of approximately 9-10 months. There are quicker options available if you reside in Bronx County.

    4 lawyers agreed with this answer

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