Brian Daniel Perskin’s Answers

Brian Daniel Perskin

New York Divorce / Separation Lawyer.

Contributor Level 13
  1. I am unmarried mother. What are my rights for child custody?

    Answered 2 months ago.

    1. Mary Katherine Brown
    2. Brian Daniel Perskin
    3. Jennifer Rose Sunderlin
    4. Michael Alan Cohen
    4 lawyer answers

    He can petition for custody, but he will have to prove it will be in the child's best interest to reside with him. I suggest you retain an attorney to file a custody action on your behalf, just to make sure you get an official order outlining a custody arrangement.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My wife left me 13 years ago, and filed for divorce, but nobody paid the fee. I want to marry someone else, can I?

    Answered 17 days ago.

    1. Brian Daniel Perskin
    2. Sofya Petrukhin
    3. Steven P. Kuhn
    4. D. Morgan Burkett
    4 lawyer answers

    If you never signed divorce papers, filed them with the court, and received a signed JOD from a judge, then you are still married. You can not get remarried until you divorce your wife first. I urge you to speak with an Erie County divorce lawyer before moving.

    5 lawyers agreed with this answer

  3. College Eduction Responsibility

    Answered 17 days ago.

    1. D. Morgan Burkett
    2. Steven P. Kuhn
    3. Brian Daniel Perskin
    4. Lauren L. Hunt
    4 lawyer answers

    There is a good chance that your ex will not be required to pay for your adult son's tuition, unless otherwise stated in your settlement.

    5 lawyers agreed with this answer

  4. Divorce, when ever i try to get my lawyer to settle either he tells me off and says we should go to trial or he gives me excuses

    Answered 3 months ago.

    1. Brian Daniel Perskin
    2. Eric Edward Rothstein
    3. Mary Katherine Brown
    4. Alan James Brinkmeier
    4 lawyer answers

    There is probably a good reason why your lawyer is pushing for trial. You need to sit down with your attorney to discuss your concerns, and get a better understanding of why he or she wants this to play out in court. If you still do not feel comfortable with going to trial, you can always hire a different attorney.

    5 lawyers agreed with this answer

  5. Is it better and faster to divorce in the US or overseas?

    Answered 7 months ago.

    1. Brian Daniel Perskin
    2. Louis Lawrence Sternberg
    3. Matthew Thomas Majeski
    4. David Ivan Bliven
    4 lawyer answers

    You can file in NY, assuming you are a resident here. However, you will need to know where your wife lives, as she has to be served a Summons.

    5 lawyers agreed with this answer

  6. What are discovery demands in a divorce case?

    Answered 8 months ago.

    1. Brian Daniel Perskin
    2. Eric Edward Rothstein
    3. Robert Ricci
    4. David Alexander Browde
    4 lawyer answers

    You husband's attorney should serve you a Notice for Discovery and Inspection, and a Demand for Interrogatories. You need to respond with whatever documents are requested (bank statements, tax returns, etc.), as well as answer any questions on the Demand for Interrogatories. As stated previously, these can be general items or questions, but also more case specific depending on the nature of the issues at hand. It may be in your best interest to consult with an attorney if you do not...

    5 lawyers agreed with this answer

  7. My spouse attorney wants to meet me to ask me questions .. What should I be aware of .

    Answered 9 months ago.

    1. David Alexander Browde
    2. Brian Daniel Perskin
    3. Howard M Lewis
    4. David Ivan Bliven
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    Are you talking about an EBT/deposition? If so, those are completely normal in contested cases, and your attorney or another attorney familiar with your case should accompany you.

    5 lawyers agreed with this answer

  8. Do I loose my rights as a beneficiary because I signed a waiver of process to probate my mothers will?

    Answered over 2 years ago.

    1. Brian Daniel Perskin
    2. John Andrew Tomlinson
    3. Sonya F. Mittelman
    4. Eric Jerome Gold
    4 lawyer answers

    Most likely you just agreed for your brother to probate the will, and you will recieve pursuant to the terms of the will. If your mother cut you out of her will, then you get nothing.

    5 lawyers agreed with this answer

  9. My husband wants to file an uncontested divorce in NY and i dont want it to be messy. I have no lawyer right now and i am scared

    Answered over 2 years ago.

    1. Howard A. Schwartz
    2. Richard Batelman
    3. Brian Daniel Perskin
    4. Louis Lawrence Sternberg
    5. Atousa Saei
    5 lawyer answers

    Before you sign anything you should consult with an experienced divorce lawyer. If you sign the papers and your husband obtains a divorce any money or property in his name will be his. Any debt in your name will be yours. If you waive maintenance(alimony in NY) you will never be able to go back to court and ask for it. If you have children with your husband, any custody or support obligations will be affected by the papers he may try to have your sign. Your situation is very common....

    5 lawyers agreed with this answer

  10. Can my divorce decree hold up in court if ex wife is not abiding by what is written?

    Answered 2 months ago.

    1. Jennifer Rose Sunderlin
    2. Brian Daniel Perskin
    3. Louis Lawrence Sternberg
    3 lawyer answers

    Do you have an attorney? If so, I would suggest you have him or her file an enforcement petition in court. If not, retain one.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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