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David Alexander Browde
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David Browde’s Answers

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  • Home Ownership in divorce decree

    I have made a verbal agreement with my soon to be ex regarding our marital home. He is to pay me a certain amount of $ within 3 years after the divorce is finalized. I have requested that he make minimum monthly payments. I'm trying to figure o...

    David’s Answer

    Yes: don't try to write a legal document on your own. Real estate rights are complicated, and if you write something that turns out to not be enforceable you'll regret having tried to save a few dollars on this end.

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  • My husband left because he claims he was miserable..we got a car i put the money down but is on hes name...can he take the car

    Can i stay wit the car..and get alimony

    David’s Answer

    The car, if acquired during the marriage, is subject to equitable distribution as a marital asset regardless of the name on the title. Spousal support is a different issue.

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  • Am I able to accompany my attorney at a Preliminary Conference when, with opposing counsel, talks to the judge in chambers?

    I'm in the middle of a divorce action in Suffolk County, NY. We have had 3 conferences already, none with any resolution (opposing counsel filed a pendent lite motion and we have provided a draft global settlement agreement). All three times my ...

    David’s Answer

    You are...but It will annoy your judge. Lawyers only conferences are designed to allow the attorneys and the judge to frankly discuss the strengths and weaknesses of the positions on issues and for the judge to shorten the process by making suggestions...

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  • Looking for a divorce/ family attorney who works with low-income clients ( I am a freelance musician/teacher)

    My husband and I live in NYC and have a 7 year old child. We have been separated for over a year and are getting divorced (looking to share custody). I am a freelance musician and teacher and I have very little money (and no resources for borrowi...

    David’s Answer

    If you're a union member check with the union to see if they have access to a low income/low cost clinic. Other places to check are social organizations and churches.

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  • I live in Rochester NY and am divorced. My contract says no cohabitation while being paid alimony. I am moving to Canada

    getting my own place. My boyfriend lives there too. Is there any such law that says if I spend a certain amount nights or he does with me that we are cohabitating if we both have our own addresses? My EX says he may hire a PI. I don't believe s...

    David’s Answer

    No, there is no statute that controls. Most agreements containing cohabitation clauses define the term.

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  • "no action taken"

    Husband filed dissolution of marriage. We had our first conference meeting with general magistrate this week. A day after the meeting his attorney filed a motion for a DNA test he also filed for custody. In the docket it says (no action taken) nex...

    David’s Answer

    It's not clear to me what a general magistrate has to do with a divorce case in New York State. However, no action taken means the motion has not yet been decided.

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  • Do I really like need a divorce lawyer

    I haven't seen my ex husband in 20 years I don't even know where to start looking for him but I'm 50 years old with health issues and I don't want to have his last name any more

    David’s Answer

    There is no legal requirement that you use an attorney. However, finding, serving and divorcing him may be more complicated than you think.

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  • My ex wife wants to take a 60,000 dollar lone out on our house- my name is on the deed we bought it together.

    I've been paying child support for 10 years- my wife's family needs money so they need me to sign off on the lone- should I do this? She said I am not liable for the lone- but my name is on the deed- why do they need my signature- what does my bei...

    David’s Answer

    It's unlikely that a bank would grant a loan unless everyone on the deed, that is, all the owners, signed the loan agreement and promised to repay.

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  • Custody Question Can my daughter's dad claim that I endanger her wellbeing by allowing her to ride her scooter without a helmet?

    Hello. I am a divorced mom with full legal and physical custody of my 6 yo daughter. My daughter's father has recently learned that I allow her to ride her scooter without a helmet. Could her father use it against me in court in case he decides to...

    David’s Answer

    Yes, it can be used. However it may not carry a great deal of weight. Nonetheless a helmet is a good idea, even when it's hot.

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  • In regards to a contested divorce...

    There have been numerous inconsistencies during a two and a half year period. Due to the plaintiff firing her attorney and judgment never being submitted, the judges Secretary suggested I write a letter to the judge asking him to review the case ...

    David’s Answer

    Send a copy of your letter to the other side. It might work - or not - depending upon the judge.

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