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Adelola Sheralynn Dow
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Adelola Dow’s Answers

22 total

  • Changing your attorney during divorce proceedings, good or bad?

    Is it too late to change your attorney if you already have Preliminary Conference scheduled in a few weeks?

    Adelola’s Answer

    It is not too late to change attorneys if your are uncomfortable with the one you are using. However, make the decision carefully and take caution that you are leaving your attorney for the right reasons. Pay your bill, get your file and move on. The Preliminary Conference is the first court date, certainly better to leave now then before a trial.

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  • When divorce is over, am I entitled to my file ?

    There are a lot of papers and evidence in my lawyers file that I would like. At the end of my divorce what happens to my file? Can I ask for it ?

    Adelola’s Answer

    Your file belongs to you, you have paid for it and you are entitled to have a copy of the documents contained therein. However, this should not be necessary if your attorney had been providing you with copies of the documents generated, filed ad or received with respect to your matter.

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  • Can I get back my life insurance policy in a divorce?

    My wife and I are divorcing after 4 years of marriage, in our 30's, with no children and with very little assets -- EXCEPT there is a $1 million life insurance policy on my life, and my wife is both owner and beneficiary. I don't want her to have ...

    Adelola’s Answer

    If there is a cash value to to policy, then the marital share of that value (the amount gained during your marriage and up until the date the complaint was filed) is subject to distribution. The distribution would likely be 50/50, but it does not have to be. You should speak with an attorney with whom you are comfortable so that you may properly protect your rights.

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  • How to purchase an index number whilst abroad.

    I would like to buy an index number to file for divorce in NYC, US . I'm in Europe and I do not have a US check book and international money orders are not sold here any longer. I would like to purchase an index number is there anyway to buy an in...

    Adelola’s Answer

    You should hire a process server in New York City to file the document and have your spouse served. That person will use US currency to purchase the index number and may accept payment from you via Western Union, or some other means. You CANNOT file a divorce electronically within the State of New York.

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  • My partners divorce has been going on 2 years, what can he do to speed things up?

    My partner has been separated from his wife for nearly 2 years, he has been in a legal battle since then and many hearings have been postponed and no trial date set. It has emotionally worn him down, and is now also affecting me, as we both want ...

    Adelola’s Answer

    The real question that needs to be determined is: WHAT is causing the stall? Are there evaluations that are being done, etc? To figure this out, your partner needs to sit down with his attorney and have a "heart-to-heart" wit his lawyer about what is slowing the process down. If he does not have an attorney then that may be part of the problem.

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  • Can I use an international address on divorce papers when filing for divorce in NYC?

    I've been married to a US citizen for five years. I am currently working in Europe and would like to file for a no fault divorce as we do not speak to each other and I have not seen him in 3 years. My question is can use my address in Europe t...

    Adelola’s Answer

    It appears as though your husband meets the residency requirements of the State of New York. Your address should not be an issue at all. Now, you can file and have him properly served. Do you know of his location/address? If so, then there should not be an issue.

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  • To expedite my divorce process and make it less costly, could I get my divorce either in NJ or CT instead of NYC?

    We were married in 01/ 2009 in NYC. Lived in NYC for 3 years, then moved to CT, and lived there until Sept 2013. Now we decided to get a simple divorce and we are physically separated. He lives in NJ and I live in NYC. We do not have kids, and we ...

    Adelola’s Answer

    I am licensed in New Jersey and New York and I am a former Law Clerk of both states. NJ will only have jurisdiction over your divorce if your husband has lived there for a year or more. The filing fees in NJ will be cheaper for you, $250 TOTAL, as opposed to a $335 total in NY (Index Number + Note of Issue). The process in NJ is quicker, but a bit more complicated if you are looking to default someone. Furthermore, you will HAVE TO go to court to put the divorce through in NJ. The best thing is that the Court will issue a Judgment of Divorce to you THAT DAY, instead of having you wait for months to get the Judgment of Divorce, lie NY does. Good Luck.

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  • Does wife's unfaithfulness aid husband in divorce?

    My wife cheated physically and emotionally during our short marriage. Would it help me to potentially use that against her if I wanted to obtain certain things in the divorce that she does not consent to?

    Adelola’s Answer

    Adultery is not a factor with respect to support or equitable distribution in a New York State divorce.

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  • How do I get Child Support Enforcement Unit to take over the Ex's company garnishment to receive the child support?

    Right now the Ex's company's Garnishment group sends the child support check directly to me. The Ex may be retiring. How can I change that so the CSEU takes over? Do you advise making that change so there's no interruption in receiving the child ...

    Adelola’s Answer

    Is your ex going to have a pension? What will his income source be when he retires. If he does have a pension you can request that SCU send an Income Withholding Order to that entity with a copy of your support order.

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  • Is hacking into my Facebook account and email a violation of an order of protection?

    I currently have an order of protection against my ex-boyfriend. We reside in different states and I have been the primary caretaker of our child. There have been 3 incidents where I have been assaulted. In the last incident, he snatched our daugh...

    Adelola’s Answer

    Whether it is a violation or not depends upon the actual terms of your Temporary Order of Protection. I would contact the DA to let that person know what is going on. It is either a violation or some sort of ID theft crime.

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