Brian Daniel Perskin’s Answers

Brian Daniel Perskin

New York Divorce / Separation Lawyer.

Contributor Level 12
  1. I have been in a contested divorce dispute since mid 2010 i have had trials scheduled and postponed 4 times what can be done?

    Answered about 2 years ago.

    1. Brian Daniel Perskin
    2. Lawrence Allen Weinreich
    2 lawyer answers

    Unfortunately there is nothing that can be done. tie Court system is broken. There are too many cases for to few Judges. when you spouse comes to this same realization you will have a settlement. Until that time your case may linger in court

    Selected as best answer

  2. Need help with a rights violation. Due to a divorce

    Answered 8 days ago.

    1. Harvey C. Kallus
    2. Brian Daniel Perskin
    3. Mario David Cometti
    4. Tony Anthony
    4 lawyer answers

    I definitely agree with Mr. Kallus. There are certain steps that should have been taken since you are an active duty military member. Consult with a matrimonial attorney in Albany, or see if the VA/your branch of the military has an attorney who is experienced with divorces that can assist you.

    3 lawyers agreed with this answer

  3. Options in foreclosure due to unpaid taxes

    Answered 10 days ago.

    1. Dana Whitney Atchley
    2. Jeffrey B. Peltz
    3. Brian Daniel Perskin
    4. David Alexander Browde
    5. Susan Pernick
    5 lawyer answers

    It is in your best interest to request that the courts order the other party to obey by the terms of your JOD/settlement. Speak with the attorney who represented you during your divorce, or seek new counsel.

    3 lawyers agreed with this answer

  4. My previous employer put freeze on my 401k account while I was going through my divorce.

    Answered 18 days ago.

    1. David Zaslavsky
    2. David Alexander Browde
    3. Brian Daniel Perskin
    3 lawyer answers

    As stated previously, you need to wait for the QDRO (evaluation if your 401k) to be completed. You can follow up with your attorney regarding the status.

    3 lawyers agreed with this answer

  5. Should I change attorneys?

    Answered 24 days ago.

    1. David Alexander Browde
    2. Louis Lawrence Sternberg
    3. Brian Daniel Perskin
    4. Cheryl Ann Berzer
    4 lawyer answers

    If you are not happy with your current representation, you have the right to retain someone else. You should schedule a time to meet with your lawyer in his office to address the lack of communication and his apparent disinterest in your case. Tell him that you need to see action being taken, or else you will be forced to hire a different lawyer. In the meantime, perhaps consider consulting with other matrimonial attorneys who are more aggressive.

    3 lawyers agreed with this answer

  6. Where do i start when headed toward a divorce.

    Answered 28 days ago.

    1. Brian Daniel Perskin
    2. Vonnie Clay Dones III
    3. Benjamin Michael Adams
    4. Louis Lawrence Sternberg
    5. L. Vincent Ramunno Jr.
    5 lawyer answers

    You can proceed with an uncontested divorce without representation, however, this isn't always recommended for longer marriages (or those with kids, property and other assets). Interview different lawyers in Buffalo (some offer free consultations), and decide on which path is best for you (uncontested, contested, mediation) as they all have different costs. Additionally, check with the Erie County Bar Association for recommendations to firms that offer reduced rates or are income based.

    3 lawyers agreed with this answer

  7. I am a US citizen married to a Portuguese citizen. We seem to be headed for divorce. Would I file in New York, or Portugal?

    Answered about 1 month ago.

    1. David Alexander Browde
    2. Gerard William O'Brien
    3. David Zaslavsky
    4. Brian Daniel Perskin
    5. Leslie E. Fourton
    5 lawyer answers

    If you have lived in NY for 6 months or longer, and you meet the residency requirement, you can file here. Your husband will have to be served personally, though, so that will most likely happen in Portugal. Contact a NYC matrimonial attorney to help you with this.

    3 lawyers agreed with this answer

  8. I am wondering how to go about getting my grandparents rights established in court

    Answered about 2 months ago.

    1. Brian Daniel Perskin
    2. Lawrence Allen Weinreich
    3. David Zaslavsky
    3 lawyer answers

    You can file a petition for visitation in family court, however, I would suggest trying to speak rationally and calmly with the child's mother before taking any legal action.

    3 lawyers agreed with this answer

  9. Can the noncustodial parent be served on a holiday?

    Answered about 2 months ago.

    1. Brian Daniel Perskin
    2. Lawrence Allen Weinreich
    3. Richard Glenn Elie
    3 lawyer answers

    Yes, as long as you find a process server who is working on the holiday.

    3 lawyers agreed with this answer

  10. Do I have to remove myself from my husbands auto insurance before our divorce is final?

    Answered about 2 months ago.

    1. Mario David Cometti
    2. Brian Daniel Perskin
    3. Howard A. Schwartz
    4. Alan James Brinkmeier
    5. Lawrence Allen Weinreich
    6. ···
    7 lawyer answers

    You don't necessarily have to remove yourself if you're still married. Speak to an attorney and file for a divorce, if one party hasn't done so already.

    3 lawyers agreed with this answer

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