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David Alexander Browde
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David Browde’s Answers

12,821 total


  • Average price of divorce?

    serperated 2 years, no kids, no property,

    David’s Answer

    To answer that question requires a bit more - is this contested or uncontested? What county?

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  • Need a NY lawyer for a Florida special appearance!

    My ex husband filed for dissolution of marriage. He has an attorney and I don't. My son was born in New York and has not left the state since. I need them to dismiss custody petition and I can't do it alone. The reason I am pro se is because I don...

    David’s Answer

    In which county? Most of us work in several.

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  • Bankruptcy before divorce in New York State? How can I make sure I'm protected in getting my $ for equity in marital home?

    I have hired a lawyer to file divorce paperwork and have just found out that my soon to be ex has filed chapter 7 bankruptcy and has his final hearing on August 7th with the creditors. Apparently, one of the loans included in his paperwork was a ...

    David’s Answer

    Your lawyer should guide you on this. However on your net worth statement you should be accurate and drop a footnote regarding any bankruptcy issues.

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  • The divorce attorney I hired has been non-cooperative and there has been a breakdown in communication. I paid him half his fee

    I need to go back to court but want to hire a different attorney who can better represent me and have only enough money for a retainer fee for the new attorney. How can I get a release from the first attorney if I don't have the money to pay him t...

    David’s Answer

    Your current attorney should give you a refund of any unexpended/unearned amounts in your retainer. If you owe a balance most attorneys will set up a payment plan.

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  • QDRO with a twist. How does a company embezzlement affect the portion of the QDRO I may be entitled to?

    I have been going in circles trying to figure this out. I am in my 20's, he is in his 30's, I am entitled to half his retirement fund. It is 2015, and even though I filed for divorce two years ago, the qdro has yet to be signed. The twist in this ...

    David’s Answer

    You're entitled to whatever the court says you're entitled to, regardless of any embezzlement issue. You may have a claim against the fund if it does not make full payment.

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  • Is it illegal in a NY divorce for the lawyer for the non monied spouse to "make a deal" to be paid by the monied spouse?

    In NY divorce is it proper procedure for the non monied spouse's lawyer to "cut a deal" with the monied spouse, to have the monied spouse pay the fees without the input of the non monied spouse? If it's legal what is the law (CPLR) and if it's il...

    David’s Answer

    No deal is proper without the consent of the client.

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  • My husband claims we are divorced but I wasnt given anything, he is remarried. Could we be divorced and how do I find proof?

    I left my husband but couldn't afford a divorce and he wouldn't cooperate. Now I found he his married and he said we are divorced but won't tell me where he filed. I need proof. Sti can't afford a divorce.

    David’s Answer

    As him where you were divorced and to provide a certified copy of the divorce papers.

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  • Ex wont send back papers for divorce. He's incarcerated, been in 3 years. How can I proceed without his papers?

    He always sent me letters stating he would grant me a divorce if I asked for it but once I asked for a divorce and sent him the form for an uncontested he hasn't sent it back. I have full custody of our child and no support is requested due to inc...

    David’s Answer

    File a contested case, have him served. You'll get your divorce.

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  • I am separated from my husband for 8 months ( not legally separated ) I have an opportunity to purchase a condo

    will he be entitled to this property?

    David’s Answer

    He will be entitled to an equitable share. You should NOT buy any property until you have resolved your legal situation.

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  • If I take a lump sum from my 401K or pension in order to buy a house, can my ex demand more child support based on a higher

    income this year -- even though it's a one-time thing?

    David’s Answer

    • Selected as best answer

    Anyone can demand anything...but a withdrawal from a 401k is not income for child support purposes. A pension payout is a different story - and can be more complicated. But if it's a loan against a pension it is not income.

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