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David Ivan Bliven
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David Bliven’s Answers

5,342 total


  • I and my ex made a divorce settlement. what are the next steps if i could not make full payment on time as per the agreement?

    Agreement was based on selling a property and paying that amount. but the property could not be sold for the expected price due to poor real estate conditions and the property is very old. i offered to take the property but she did not take it say...

    David’s Answer

    One cannot advise precisely without seeing the agreement. If you owed your ex-spouse, say, $200,000, and the sale only garnered a net of $150,000, then you still owe her the $50,000 and should enter into a payment plan with her. Ultimately (on this example) she could sue and get a money judgment. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • I'm living in USA, I got married in Bangladesh, my spouse is living in Bangladesh, and Can I file divorce from USA?

    I'm a USA citizen and living in USA permanently. I got married in Bangladesh and my spouse is still living in Bangladesh. My marriage was based on false information, misleading information and there were lots of lies involved in the process from m...

    David’s Answer

    You may be able to, assuming you've been living in NY for more than 2 years. One would also need to explore whether Bangladesh is a signatory on the Hague Convention for service of process, as otherwise getting jurisdiction over your spouse may be an issue. Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • I was served divorce papers but some things is wrong in the papers like the date i got married and other little things

    I have 20 days to sign the papers and return it and i don't understand the grounds of the divorce my husband received a 2 yrs green card through this marriage but i felt used cause he moved out and left me a week after receiving hi...

    David’s Answer

    First, you should sign anything without having it reviewed by a lawyer. The 2-day deadline is only for you to respond to the summons, not to decide whether you're consenting to the divorce & ancillary relief. Thus, call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Are QDROs required in a New York State uncontested divorce? Settlement Agreement too?

    Both parties are NYS residents with 401K's.

    David’s Answer

    It's not absolutely required, but if the settlement includes that each party will share in the other's retirement assets, then it's highly advisable. You can either go through a lawyer to have this done, or contract with a third-party service for this process (such as Lexington Pension Consultants). Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • Divorce: Can we agree to our own terms by just writing them down and signing in front of a notary? Or is there a form/process?

    My wife and I are separated and have agreed to divorce terms if we can't work it out after the separation. We don't have any kids/pets/assets. I will provide monthly support and we agreed to the amounts. Can we just write our understanding down an...

    David’s Answer

    Generally the court will not accept a letter, even if notarized, by the parties as proof of the settlement. A settlement agreement must be in a proper format and contain a certificate of acknowledgment. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Child support DNA lawyer.

    I, Ira L. Jackson, have been accused, of being a biological father kids twins. Before DNA Laboratory findings was made, now on hand I am in possession of DNA Markers that proves I am not the father of these children's, and the family court system ...

    David’s Answer

    The Family Court (by law) does not accept the findings of any independent lab. Any DNA test via a paternity proceeding must be court-ordered & conducted at a court-approved lab. Call an Orange/Westchester Family Law attorney to schedule a consult for a full assessment.

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  • Armed police entered my premises without court order or a warrant and removed my son from our house.

    Because my wife has a back condition, and because the pregnancy wasn't apparent until rather late, she tested positive for opiates. Long story short, we have arranged for my son to stay with his grandparents while visiting with us was at our mutua...

    David’s Answer

    If CPS was not previously involved, then they would only have the right to do what they did if CPS was there & effecting an "emergency removal." They would generally only have the right to do so if they determined that the child's life or health was in imminent danger. You then have a right to go to Family Court and file for a "1028" hearing, which is a pre-trial hearing requesting the child be returned to your custody. Call a Rockland/Westchester Child Abuse defense attorney to schedule a consult.

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  • Can my parents get a restraining order against my boyfriend who hasn't harmed me or them?

    I'm 14 almost 15 in September my boyfriend is 17 going to be 18 in December. My parents dislike him due to his race , he hasnt harmed me or anyone in my family. Is it possible to actually get the restraining order?

    David’s Answer

    • Selected as best answer

    No - they would need to be able to allege & prove he committed an act of domestic violence, such as harassment or menacing. If he didn't commit such an act, they wouldn't be able to get an order of protection. Schedule a consult with a Westchester Domestic Violence attorney for a full assessment.

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  • If my husband is sued by former employer for owing money from a settled lawsuit, am I as his wife responsible for that money?

    My husband made a mistake at work that cost his company quite a bit of money in a lawsuit. They have not fired him but instead are taking 50 percent of his commission. If he leaves the company, and they sue him, can my earnings be garnished? We ...

    David’s Answer

    Are you asking this in the context of a divorce proceeding (i.e., whether you would be assessed with a portion of the debt)? If yes, there's a chance the debt could be considered marital, but more facts would be needed. That said, if the judgment is only against your husband, generally a garnishment can only be entered against the debtor. To the degree this is in the context of a divorce case, then you should call a Westchester Divorce attorney to schedule a consult for a full assessment.

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  • A friend (u.s. citizen) traveled to Togo, Africa and "met the man of her dreams" (got married). Now she wants out (divorce).

    A friend (u.s. citizen) traveled to Togo, Africa, met and married the man of her dreams and began the immigration process of bringing him here. Now, she wants a divorce from him. He's still in Africa. She lives in NYC. What does she need to do...

    David’s Answer

    First, one would need to research whether the Court can get jurisdiction over the husband via the Hague. Next, the papers would need to be filed & then served on him over there. Your friend is best advised to call a Bronx Divorce attorney to schedule a consult for a full assessment.

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