Daniel Yaniv’s Answers

While it is impossible for me to advise you regarding your entitlement to medical benefits without knowledge of the terms provided in the Separation Agreement, the agreement does not need to be filed in order to be binding . It would be a good idea ,to file it so that there is in fact, a record of the agreement.

If you do have a verifiable address for her you will likely need to have her served overseas (there are some unique rules with regard to foreign process service). If you cannot locate her, and you can document your efforts) you may be able to request alternate/substituted service such as publication or service on a family member. Please consult with an attorney before taking any action.

Yes. It looks like your divorce was finalized back in 2006. Use the link below to see more information on eCourts.

A same -sex divorce works exactly like a traditional divorce. The Defendant spouse must be served or execute an affidavit consenting to the process. In the event that the Defendant spouse cannot be located with due diligence the Plaintiff will need to make an application for alternate service (i.e. to have a family member served in the Defendant's place or publication of the Summons with Notice). In any event this will require some additional steps and considerable time. If your friend would...

Technically, unless the second stipulation retroactively modifies the terms of the first stipulation you would be entitled to support per the terms of the first agreement until the date of the second stipulation. Going forward, the second stipulation would effectively supersede the first. The amount he owes would include the outstanding balance owed under the first agreement plus the outstanding balance owed under the terms of the second agreement. Of course the new amount would commence on...

A legal separation is not necessary in order to proceed with a divorce. You may simply proceed using the "no fault" grounds.

Serving him with a Summons and Complaint might get him to take action quicker. Once served he will have no choice but to respond in some fashion otherwise you will have the option of entering a default judgment against him for the relief requested in the complaint. Please consult with an attorney as to iow to proceed.

Certainly. Your case may be filed in New York County under CPLR Sec. 509 - which allows filing in a third party venue. However, you may be interested in an even quicker option (as little as 30 Days). Contact our offices for more information or visit www.uncontesteddivorceny.com.

By allowing your spouse to enter a default judgment against you, you are essentially taking the risk that she may include things in the judgment that are against your interests. While I cannot speak to your religious convictions, perhaps you should file a notice of appearance just to be sure that there is nothing contained in the complaint that works against you. You may also want to consider entering into a settlement agreement - this does not mean that you are agreeing to the divorce but...

You will need to make an application for substituted process service (likely publication) and that will require establishing due diligence in attempting to locate your spouse along with a formal application or motion. Once the court grant's you application you will be able to proceed with an uncontested divorce. You would be wise to retain an attorney to take these steps as it may be difficult to navigate through this process without counsel.