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David Alexander Browde
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David Browde’s Answers

12,747 total


  • Divorce

    I have a question. I had lawyer gave in the papers to the court about divorce in march I was told it will take 2-3 months anything ideas how long it will take to get it done and other things

    David’s Answer

    In Brooklyn it can take as much as a year...two to three months is highly optimistic!

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  • Can my attorney share my medical information with an apposing attorney without my consent?

    I told my divorce attorney about a health problem that was found during a routine x-ray. He told my soon to be x-wifes lawyer about it. My wife told me her attorney told her about it and now wants to be attached to the death benefit on my retireme...

    David’s Answer

    That depends. If it is relevant to settling your case your consent may be implied ... and merely wanting to share in a benefit is not the same as getting to share in the benefit.

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  • In the middle of a Divorce and My not as yet EX canceled my Health care.

    I just found out that my health care coverage was canceled a year ago, with no notice to me at all. Isn't this a violation of the automatic orders that are issued when the divorce proceedings start? This was done with no notifi...

    David’s Answer

    It would be a violation of the automatic orders if the insurance were to have been canceled while the case was underway - however, what you need to do to get coverage back depends upon the health plan.

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  • Stip of settlement matrimonial cover page fee paid was entered into record on 4/9/15 how much longer for final divorce papers

    Initial agreement was made in court in February 2015 and I've been waiting ever since

    David’s Answer

    In Brooklyn - probably nine months to a year. The backlog is immense.

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  • Divorcing missing UK spouse while living illegal in US?

    We married in England in 1993; during our marriage she cheated. We separated & never spoke again.I moved to the US in 2007 initially on a holiday visa & never went back. I am now trying to locate her to get a divorce or see if she ever filed fo...

    David’s Answer

    While this is somewhat more complicated than the average divorce, it's far from impossible. A diligent search will either turn up her location or not, and, if not, a motion seeking permission for alternative service will allow the case to proceed.

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  • Can a plaintiff's divorce lawyer make the defendant give her a certified check as guarantee for plaintiff's tax return portion?

    Due to divorce litigations, a joint 2013 federal tax return check was never cashed. The divorce is now in settlement, and the federal tax return check is in the process of being re-issued by the IRS. In the meantime, the plaintiff's attorney is d...

    David’s Answer

    An attorney can demand anything he or she wants. Whether that demand has anything other than bluster behind it is a different question - one that can't be answered by the limited information you posted.

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  • How can I get my husband the father of our four sons to help me financially.

    My husband and I are separated have been separated for over two year . He is not helping me with the bills and supporting our four boys financially. His excuse is he can't afford his rent and help us. My gas got cut off today and he didn't care....

    David’s Answer

    You go to family court and file a petition - ASAP.

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  • I had filed for divorce from my estranged spouse? But my estranged spouse decided to contest it.

    I had paid the initial filing fee. Which I barely had the money for to begin with. But with my current financial circumstances, I just can't afford a divorce attorney. And I just can't seem to find any pro bono divorce lawyers in my area. What sho...

    David’s Answer

    Your court clerk should have the appropriate forms for you to seek poor person status. As to pro bono, there's nothing in your posting that suggests you'd qualify, but you can check with local churches and social organizations.

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  • What can I do?

    My wife cheated on me, lied to get me to leave. Filed separation papers but we are not divorced. She now has a stranger living in the home with my kids that I furnished and paid for everything in. I want to get divorced but don't want to make any ...

    David’s Answer

    You can file seeking a divorce, custody, and anything else - but only if you did not sign a settlement agreement in connection with the "separation papers." Consult a local attorney and discuss the situation in detail.

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  • Can text messages from my wife' phone be subpoenaed from my Verizon account.

    I am going to pursue a fault divorce in new york state for adultery. As part of the proof of adultery I need to subpoena text messages from my wife's phone, the Verizon account is in my name. The last text messages from my wife and her "boyfrie...

    David’s Answer

    The first question is what advantage you think you gain by seeking a "fault" grounds divorce. As to the text messages, you will not be able to get anything going back ten years...and most likely nothing you get will be of any use to you.

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