Daniel Yaniv’s Answers

Daniel Yaniv

New York Uncontested Divorce Attorney.

Contributor Level 12
  1. Judgement of Divorce

    Answered over 1 year ago.

    1. Howard E. Knispel
    2. Penelope J Blizzard-McGrath
    3. Daniel Yaniv
    4. Lawrence Allen Weinreich
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    Typically the status will indicate "Judgment of Divorce Granted" or "Disposed." This indicates that the judgment was signed by the judge.

    4 lawyers agreed with this answer

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  2. Custody

    Answered over 1 year ago.

    1. Daniel Yaniv
    2. Lawrence Allen Weinreich
    3. Lori Noel Bovee
    3 lawyer answers

    Typically, if the parties cannot agree to Join Custody the court will have no option but to award sole custody to one party with visitation rights to the other. As a practical matter the presumption is that if the parties cannot agree on the custody arrangements they will likely not be able to agree to day to day decisions regarding the children.

    4 lawyers agreed with this answer

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  3. If you have already been separated for over a year and file for legal separation, how long do you have to wait to get divorced?

    Answered almost 2 years ago.

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

    Certainly. You would, however, need to use the "No-Fault" grounds rather than "Separation" if you wanted to proceed with a divorce immediately. The Separation could still be incorporated as a settlement agreement. There is no waiting period required.

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  4. NY Uncontested Divorce: Is a Stipulation of Settlement required even when no children, no property/debits and no maintenance?

    Answered 11 months ago.

    1. Daniel Yaniv
    2. Susan Kathleen Duke
    3. Michal Falkowski
    4. David Ivan Bliven
    5 lawyer answers

    As a general rule its always a good idea to have a basic stipulation of settlement in place wherein both parties expressly waive any future claims etc. That said, you certainly can proceed without a stipulation - simply advise the Court in your affidavits that all property has been divided and that neither party is seeking equitable distribution.

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  5. If I am separated from my spouse for over a year and now decided to purchase a condo, how can I make sure she doesn't get it?

    Answered almost 2 years ago.

    1. Daniel Yaniv
    2. Rachel S. Silberstein
    3. Maurice N Ross
    3 lawyer answers

    A properly drafted stipulation/agreement will ensure that she cannot not make a claim against your assets or future purchases. You may even be able to pursue a divorce and keep her on your insurance depending on several factors. This will need to be discussed with an attorney but is relatively straight forward to accomplish.

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  6. My ex-husband filed our divorce papers in NYC and incorrectly entered my social security number. How do I resolve the issue?

    Answered 8 months ago.

    1. Daniel Yaniv
    2. David Alexander Browde
    3. David Zaslavsky
    4. David Ivan Bliven
    4 lawyer answers

    It looks like you will need to submit an amended judgment of divorce to the court to be signed by the judge. If your ex is willing to sign off on the amended judgment you can simply submit it to the court along with an affidavit explaining the clerical error.

    4 lawyers agreed with this answer

  7. Can My Spouse Refuse to Sign Divorce Papers ? How can i take my divorce Quickly and with less money ?

    Answered about 1 year ago.

    1. Howard M Lewis
    2. Mario J. DeRossi
    3. Daniel Yaniv
    4. Brad S. Margolis
    5. Marco Caviglia
    5 lawyer answers

    Simply commence a divorce and have your spouse served. If he/she doesn't respond within the statutory timeframe you may proceed to enter a default judgment against him/her.

    4 lawyers agreed with this answer

  8. Uncontested divorce???

    Answered about 1 year ago.

    1. Michael Colin Barrows
    2. Jayson Lutzky
    3. David Alexander Browde
    4. Howard E. Knispel
    5. John P Corrigan
    6. ···
    8 lawyer answers

    Certainly. Please visit our website for more information about our affordable services.

    4 lawyers agreed with this answer

  9. We want to file an uncontested divorce. My husband has said that he won't ask for any of my pension.

    Answered over 1 year ago.

    1. Daniel Yaniv
    2. Rory M. Alarcon
    3. David P. Badanes
    3 lawyer answers

    Generally speaking, if the parties expressly waive rights to equitable distribution of any marital property/assets or debts (including a pension) it is highly unlikely that the Court, on its own, will take issue with such waiver, provided that the agreement was entered into fairly and voluntarily.

    4 lawyers agreed with this answer

  10. Do I need a lawyer to file for a divorce ?

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Daniel Yaniv
    3. Morghan L Richardson
    3 lawyer answers

    If you and your spouse are in agreement these types of issues should be addressed in a stipulation of settlement before continuing with an uncontested divorce. While technically you can attempt to do this on your own, you'd be taking a risk as the court will reject improperly prepared documents - it can also be a very tine-consuming, daunting process for someone with little experience. There are affordable options available for uncontested divorces. Visit www.uncontesteddivorceny.com for more...

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