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Jayson Lutzky
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Jayson Lutzky’s Answers

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  • Do courts really grant fault-based divorces when there are no demands (custody, property, money) from any party?

    My husband is obsessed with proving I was at fault for the divorce (he wants to use adultery, abandonment, and cruel and inhuman treatment). Not only are the faults mutual, but he is not even seeking anything: we have no children or assets. His on...

    Jayson’s Answer

    Since you have an immigration issue it is best for you to hire an experienced matrimonial lawyer right away. Your divorce case may impact your immigration status.

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  • Spouse doesn't want divorce - can the case be dragged out for a long period of time?

    My spouse regularly disappears and hasn't been part of my young boys lives. I'm not sure since he makes a rather large salary how long he can keep a divorce battle going? He said if I file he will use our boys to hurt me. He has no relationship ...

    Jayson’s Answer

    If your spouse is the moneyed spouse, then your lawyer can file a motion requesting that he pay your legal fees, child support, spousal maintenance and other expenses.

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  • Am pro se and would like to know can I file a motion for default judgement in a divorce case.

    I did not receive a motion from defendant in the time prescribed by the courts. received a week later.

    Jayson’s Answer

    You can file a motion for a default. If you received paperwork a little late, then the court will in all likelihood accept the paperwork. The court does not hold pro se litigants to strict time deadlines.

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  • NY Uncontested Divorce Forms: Can't remember the exact date of our marriage. Can we enter a "close" date?

    Hello, My wife and I have been married for over 20 years and agree to get an uncontested divorce. We were married in Italy and have been living in New York for over 15 years. We recall the month and year of our marriage but not the exact date and...

    Jayson’s Answer

    • Selected as best answer

    Put in the exact date. If you do not recall the date, then search the records where you were married. Judges do not verify any the information. In filing the divorce you are swearing under oath that the information is correct.

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  • Can I have my girlfriend sit in the courtroom for the last day of my relocation trial fro moral support?

    Last day of a relocation trial tomorrow and the petitioner had her husband sit in the courtroom.

    Jayson’s Answer

    If she is not your witness nor the other side's witness, then she can sit in the courtroom. I suggest first consulting with your lawyer who is in the best position to advise you.

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  • What is the time frame for filing an Affidavit of Service with the court in a divorce case (NY state)?

    I filed a Summons With Notice with the court on May 11, 2015. My husband was served on May 20, 2015. Is it okay for me to file an Affidavit of Service with the court now, or am I too late? What could the consequences be? What is the usual time fra...

    Jayson’s Answer

    You can file it now. Be aware that the court can dismiss the case if the index number was purchased more than 120 days ago. It is best to speak with an attorney ASAP.

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  • Is my wife responsible for half of our loans?

    Throughout 10 years of marriage we borrowed money from relatives, is she responsible for half the debts?

    Jayson’s Answer

    Marital debt is an issue for a divorce. If the debt was incurred during the marriage for marital obligations, then it is an issue that needs to be resolved in a divorce. Consult with a local lawyer to assist you.

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  • My wife and I were paying off a mortgage as a form of rent. We have been apart for 8 months is she still responsible?

    Is my wife still responsible for part of the mortgage?

    Jayson’s Answer

    If your wife is on the mortgage, then she is obligated to the bank for the loan. The obligation to you is a separate matter. Marital debt is an issue for a divorce case. Consult with a divorce lawyer to help you. Alimony or spousal maintenance in New York State is a question of income and expenses for the spouses.

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  • Is it possible to be sued for a facebook page?

    I created a facebook page, which I never used, just created it and then I let it there be. Until today, I was going throught my mail and saw a letter from a Company with the same name. There was nothing on the envelope just the name of the company...

    Jayson’s Answer

    Sounds like a scam. However, bring the letter from the company to a local lawyer to review it.

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  • Can I open my own babysitting company off the books?

    If I babysit 4-5 children a few hours during the week & put up a sign that says childcare... But it's off the books & I'm the only "employee" babysitting the neighborhood kids a few days during the week, is this illegal? I have no childcare degree...

    Jayson’s Answer

    You should consult with an attorney immediately regarding your business, taxes and licensing issues.

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