David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 20
  1. Can I get alimony from my ex-husband of 30 years after we divorced in 2005?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. David Ivan Bliven
    3. Gary Burton Port
    4. Elan Wurtzel
    5. Peter Christopher Lomtevas
    6. ···
    7 lawyer answers

    Your question cannot be answered without further details. If, for instance,. your divorce was settled pursuant to a stipulation of settlement, then the stip likely addressed maintenance (i.e., alimony). If it did, and same was waived, then to get it now would be extremely unlikely, given that you'd need to move to vacate the original stipulation or alternatively satisfy an "unforeseen and unanticipated change of circumstances" standard - a very tall task. That said, for a full assessment,...

    14 lawyers agreed with this answer

  2. Temporary Custody/ Enrolling Child in School

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Morghan L Richardson
    4 lawyer answers

    If you have an order giving you temporary custody, then such decisions are yours to make, unless the order also provides for the two of you to have joint custody. If you're unsure, it's best to consult a Family Law attorney. Either way, given that you have a contested custody case, you're best advised to schedule a consultation with a NYC Child Custody attorney.

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  3. I am pregnant and my fiance is not divorced yet. Should i wait on moving in with him to not cause issues with his divorce?

    Answered almost 2 years ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. David Alexander Browde
    3 lawyer answers

    It depends on the stage of his case. If the settlement agreement hasn't been signed yet, and custody is still being contested, then I would certainly consult your fiancé's attorney before making a decision. If the settlement agreement's been signed, then consult the agreement - if it doesn't prohibit such actions (probably not) then I don't see the harm in moving in. That said, your fiancée is best advise to notify the mother of the move-in - it's a goof faith gesture. For a full assessment,...

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  4. Family law support needed: regarding compelling intervening with respect to Private Schooling.

    Answered about 2 years ago.

    1. Joseph S Hubicki
    2. David Ivan Bliven
    3. Susan Jo Civic
    4. Jill Marie Zuccardy
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    Many attorneys feel (myself included) that we cannot "ghost-write" a brief, and then have you sign off on it. Either the attorney would need to be hired for the case, or you would need to do the research yourself. If you need it for some other purpose, that's another thing. Thus, you're encouraged to schedule a consultation with a NYC Child Support lawyer to explore the issue further.

    11 lawyers agreed with this answer

  5. Can the Judge impute income ??

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Eric Edward Rothstein
    3. Peter Christopher Lomtevas
    4. Marco Caviglia
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    You would ultimately need to show that you're making efforts to find full-time work. Your Husband is likely to deny making those statements or argue that he was only wanting you to stay home when the children were younger, not now when they're adolescents. But just because you make efforts to find full-time work doesn't mean you'll be successful - meaning this wouldn't negate the maintenance issue. For a full assessment, schedule a consultation with an Orange/Westchester Divorce attorney.

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  6. If my fiancee agrees to what is in the prenuptial. how long for her lawyer to 'negotiate' it and have her sign it?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Peter Christopher Lomtevas
    4. Dean George Tsourakis
    5. Brad S. Margolis
    6. ···
    6 lawyer answers

    Negotiation time may vary - there's no real "deadline" as it depends on the issues involved. And yes, a properly-drawn postnuptial is as enforceable as a prenuptial. For a 2d opinion, schedule a consultation with a NYC Divorce attorney.

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  7. NY - uncontested divorce filed and paper served but can not locate the person afterwards.

    Answered about 2 years ago.

    1. David Ivan Bliven
    2. Louis Lawrence Sternberg
    3. Jayson Lutzky
    4. Jean M. Mahserjian
    5. Daniel Yaniv
    6. ···
    6 lawyer answers

    I would add that if he did not file & serve an Answer to your Complaint - and assuming you properly served him - you may simply move for a default judgment. I would suggest you schedule a free consultation with a NYC Divorce lawyer.

    10 lawyers agreed with this answer

  8. Is there a way for me to speed up the divorce process?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Paul Karl Siepmann
    3. Brad S. Margolis
    4. David Alexander Browde
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    You get what you pay for in life, unfortunately. These "document service companies" say anything to get people like yourself to pay them money. Unfortunately, they're notorious for filing in the wrong county, not discussing any issues which need to be addressed (like asset division, rights to alimony, etc.) simply because they can't give legal advise, and promising things they can't deliver (e.g., I've seen Ads for a "divorce in 30 days"). Judgments generally take approximately 4-5 months to...

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  9. Is there any legal way for my wife to find out if i flew overseas?

    Answered almost 2 years ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Jay Bodzin
    4. Peter J Weinman
    5. Jeffrey S Johnson
    5 lawyer answers

    Within the context of a divorce case, she (through her attorney) can demand copies of your passport as well as copies of your bank account statements. In that way, she can piece together what trips you've taken recently. She also has the option of deposing you & having her attorney ask you the direct question under oath. I'd advise to schedule a free consultation with a NYC Divorce attorney for a full assessment.

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  10. What can I do about an Forensic Fraudster?

    Answered over 1 year ago.

    1. Peter Christopher Lomtevas
    2. David Zaslavsky
    3. David Ivan Bliven
    4. Anne Peyton Bryant
    5. Kathryn Mary Holton
    5 lawyer answers

    With regard to his pay, that's regulated by the Judge on your case - and thus subject to court order. Thus, if you wish to limit his hourly rate and/or hours he charges for, this must be the subject of a motion to the Judge. As for the other issues you've raised, you're best advised to contact the Office of Attorneys for Children (if you're in Manhattan, call the Appellate Div., 1st Dept for the number), as they regulate the assigned mental health professionals & thus determine who gets on -...

    9 lawyers agreed with this answer

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