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David Alexander Browde
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David Browde’s Answers

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  • Can I put a life estate on my home when their is a pendency action in new York supreme court

    currently divorce in Las Vegas and ex is trying to contest it

    David’s Answer

    It's not clear what you mean by a "pendency action" - but the laws in Nevada are different than the laws in New York. You'll need to find out what, if any, restrictions there are on real estate transactions during a Nevada case. In New York it would not be permitted.

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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...

    David’s Answer

    The Court will likely attempt to dissuade your spouse from pursuing that course of action, but will be compelled to schedule a trial if he insists.

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  • Responding to a verified complaint action for divorce

    How do I reply if both myself and ACS have her in Brooklyn Family Court, myself for custody and support modification, and ACS for negligence? Another question-if I decide to file a counterclaim, do I have to have it notarized? Do I need to get a...

    David’s Answer

    With a verified answer - possibly with a counterclaim.

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  • Can I modify my divorce if my xhusbands salary is 100,000 a year and is recieving 400.00 a month of my 2,600 a month pension?

    Divorced since 1999. I did not receive spousal support. Also spouse stopped child support when daughter completed High School instead of at emancipation/completion of college. Is it possible to renegotiate and modify a more equitable divorce d...

    David’s Answer

    Probably not, unless there is some unusual language in your settlement agreement and/or Judgment of Divorce - but have them checked by a local attorney.

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  • Does nys supreme court divorce (5/2009)take precedent over family court papers(3/2009) that were enforced before the divorce

    Divorce changed custody from her having physical custody to joint physical and legal for both of us, the support I paid was dropped at the signing of the divorce due to the 50/50 split in custody. Specifically picking up and dropping off of child...

    David’s Answer

    If the Judgment of Divorce alters the terms of a previous Family Court order the Judgment supersedes the previous order.

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  • Uncontested divorce + Mediation agreement signed by both parties ready to be filed with court. one party backs off. what to do?

    We have two kids, they have been living with me for past 9 Month. Our marriage broke down while ago and we both agreed to go for mediation and file uncontested divorce papers. we both signed the divorce paper with the mediation agreement. when t...

    David’s Answer

    That depends. What do the documents that were signed actually say? Were they notarized? Do you have originals?

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  • My wife recently received a 80.000$ workman's comp case and has filed for an uncontested divorce,am I entitled to anything?

    As soon as she got her settlement she filed the divorce is pending, I have got no paper work as of yet,she has also already moved on and is in another relationship we still live in the same house when she comes home.

    David’s Answer

    Personal injury awards are separate property, not part of equitable distribution.

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  • Can I file charges against a lawyer who violated the HEFPA laws and coerced me into signing an agreement to drop legal charges

    I just got Divorced laser posted false information and information obtained illegaly from stolen mail. He also coerced me into signing an agreement to drop criminal charges against ex-wife or would not approve divorce agreement. My ex- stole my ma...

    David’s Answer

    That doesn't begin to make sense. You can file any charge you want - whether it will go anywhere depends upon it being coherent and supported by evidence.

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  • Does nys supreme court divorce (5/2009)take precedent over family court papers(3/2009) that were enforced before the divorce?

    Daughter's mother trying to use papers from 3/2009 family court against me even though we've had the divorce and multiple stipulations to the divorce

    David’s Answer

    It depends: did the Judgment of Divorce in any way alter the previous orders?

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  • Is it possible to have my husband keep me on his medical insurance plan for a year or 2 after divorce?

    My husband & I are getting divorced nothing in writing yet. He belongs to a city union. Do I have to get in touch with his union or can it be written in the divorce agreement? And how does that work?

    David’s Answer

    You can remain on the insurance through the COBRA option - however, this is extremely expensive and you'll probably do better going onto the NY State of Health site and purchasing your own insurance there.

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