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David Alexander Browde
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David Browde’s Answers

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  • My husband and r ready to divorce but We got married in Jamaica N we live in ny I need some advice on how to start thx

    My husband and r r ready to divorce just after 3 yrs but we got married in Jamaica. I need some advice on how to start this process,, thx

    David’s Answer

    You should consult a local attorney and file. That you got married in Jamaica is irrelevant.

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  • Can I serve attorney instead of party?

    New York Family Court. Ex and I have been involved in multiple petitions for some time. I am pro se and she is represented by counsel. Can I serve a new petition on her attorney instead of her? Can I serve this via first class mail? (i.e. can...

    David’s Answer

    No and no.

    You can't serve a new petition on an attorney unless that attorney agrees to accept service. And you can personally serve anything in a case in which you are a party.

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  • About Motion date in court

    I have a motion date in court about divorce procedure and i have to attend an event on the same day. Can my attorney attend the motion date and represent me even if i won't attend the motion date in court?? Please let me know

    David’s Answer

    That depends upon the circumstances. Do you expect testimony? Oral argument? Or is the motion to be decided on papers?

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  • Is my car and/or my new house and/or my bank account subject to division in case of divorce?

    Me and my wife want to divorce, now each one live in separate address, for one year, but we still considered married in papers. During that year I bought a car and a house cash using my own money. I never sign anything with her to buy anything, sh...

    David’s Answer

    Anything of value acquired during the marriage is marital property subject to equitable distribution, with the exception of personal injury awards and inheritance. But what "equitable" is in terms of shares depends upon the circumstances.

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  • Can I ask judge to set date to rule on divorce or do I have to start all over & lawyer file some kind of motion (discovery etc)?

    Have had a preliminary conference with judge and 2nd conference scheduled. Parties not able to settle on uncontested filing (spouse uncooperative).

    David’s Answer

    Your preliminary conference order should contain a schedule including a trial date. Whether you need a lawyer or not depends on your ability to deal with court rules and presentation of evidence.

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  • Can my husband or husband's family members file for divorce without my knowledge?

    Hello, I received a phone call from my husband's father stating that my husband filed for divorce about 6 months ago. I was unaware of this situation until now. I have been separated from my husband for about 7 months, because the relationship tu...

    David’s Answer

    Yes, he could have filed without your knowing about it. However, if it was more than 120 days ago and you have not been served, the papers he filed have expired.

    You are under no obligation to sign anything and should not do so without getting advice from an attorney of your own choosing.

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  • My ex husband must attend court if he serves with court papers to resolve post divorce items, yes?

    i was served with court papers to resolve post divorce items in court from my ex. question, if this doesn't get resolved between lawyers before the court date, and it does go to court... my ex abusive husband must attend court, correct? he WILL ha...

    David’s Answer

    That's correct. He would have to appear if the matter is unresolved.

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  • How do I get a copy of my response to the charges made by my wife in her divorce petition, and how much does it cost?

    Besides that, how do I get a copy from the Supreme Court of any of the filed divorce documents?

    David’s Answer

    Go to the courthouse, get the file and make a copy... you'll have to pay for the copy.

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  • Do I have to give money to her too,because she doesn't work?

    I'm getting divorce and my wife doesn't work,I give child support for my two children .

    David’s Answer

    The answer isn't that simple. It depends upon an analysis of the finances of the marriage, the length of the marriage and the ability of the other party to work.

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  • Is it to late to get an annulment? And how do I go about that, if I do.

    Okay, so my husband and I just had our six month anniversary. He left me two months ago. He is in Colorado and I am in New York. We moved to Colorado back in September, but on October 31st he told me it was over, so I had to move back to New York....

    David’s Answer

    Annulment is only possible if there was fraud in the inducement to marry.

    You can, however, file for a divorce.

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