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David Ivan Bliven
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David Bliven’s Answers

5,760 total


  • Can I put a stay in place until appeal?

    I want to appeal the decision for alimony (maintenance) but this will take months. Can I do anything in the meantime to put a stay in place until I am heard? I can not possibly afford the large amount that was awarded.

    David’s Answer

    Yes - you can file motions for an appellate stay in both the trial court as well as the appellate court. Bear in mind that to file a stay you may need to obtain a surety bond. Call a NYC Divorce attorney to schedule a consult.

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  • Should I close my bank account?

    Will my bank account be considered in a divorce? I closed out the joint account and gave him a check for his money but wanted to know what can happen, if anything, to my own account savings and investments?

    David’s Answer

    All assets as they existed as of the filing of the divorce are considered presumptively marital assets & thus presumptively divisible in the divorce case. Thus, closing out your accounts wouldn't shield this division - his attorney would simply ask for the statements anyway. Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • What do you do when someone throws a monkey wrench in your no contest divorce?

    The wife gets the husband arrested on a accusation of domestic violence. The apartment belongs to the husband but he has to stay away via order of protection. The no contest divorce she files is in motion. He has custody of the child. The wife tri...

    David’s Answer

    If he has a counterclaim pending, then she cannot withdraw the whole case - just her end of it. If he doesn't have a counterclaim pending, then file one quick before she formally withdraws. This may need to entail filing a motion for permission to amend your Answer. Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • How can I stop him from getting my benefits, and if he gets sick can he apply for half of my SSI-D which I am now getting due to

    Im presently separate from my husband. He left me. I would like to do uncontested, and see if I can block him from having my social security. When I passed or when he becomes 62yrs. He is 59 at present and I am 61, but I am presently receiving...

    David’s Answer

    Generally a spouse cannot "get a share" of the other's social security benefits, such that it would reduce what the recipient spouse is receiving. In a divorce, one's social security is generally considered one's separate property. Call a NYC Divorce attorney to schedule a consult for more info.

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  • How can I speed up my divorce process when my spouse isn't cooperating?

    I have been going through a divorce since Sept. 2014. My husband and I have agreed to have joint legal custody with me having the final say if we disagree. We do not have any property together and we are not seeking each other's pension, 401K... I...

    David’s Answer

    Ask for the Judge to sanction him (in the form of counsel fees) for missing the court date. That said, most of the time the Court will require such an application in writing (i.e., a motion). Call a NYC Divorce attorney to schedule a consult for a 2d opinion.

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  • Family law question regarding bigamy and divorce.

    My friend has a husband who is never home and is supposedly traveling for business. We just found out that when he divorced his ex wife, he did not give her a religious divorce. He is still living with her as husband and wife with their children a...

    David’s Answer

    When you say your friend "has a husband" this assumes they're legally married. Thus, if he got "legally divorced" (meaning obtaining a divorce judgment in Court), then it's not necessary he also obtain a "religious" divorce. That said, your friend should probably consider a divorce. Have your friend call a NYC Divorce attorney to schedule a consult.

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  • Divorcing a spouse with a mental disorder

    I've been going through a grueling divorce for the past three years, from a person who's behaviors are illogical and display sociopathic and narcissistic tendencies, as confirmed by our family therapist.He uses our children as tools, constantly "t...

    David’s Answer

    Ultimately the attorney may need to file a motion for him to be sanctioned for frivolous conduct. That said, you cannot generally litigate in Family Court while the divorce is pending. Call a NYC Domestic Violence attorney to schedule a consult for a full assessment.

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  • HOW TO DIVORCE FOREIGN SPOUSE?

    Two months ago while on vacation to a foreign country (Pakistan) I married my spouse in an arranged marriage. I didnt even get to talk to my wife before the marriage. I was 18 years old at the time and did it under pressure of my uncle and family....

    David’s Answer

    She can always come to the US on a visitor's visa. In terms of the divorce, if she's a resident & domiciliary of Pakistan, it's probably best that you do the divorce case there. Thus, I'd suggest to contact a Pakistani Divorce attorney.

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  • A person files for divorce, then changes their mind. Can the other party still make it a divorce?

    My wife files for an uncontested divorce. I agree. Months later she changes her mind. Because she filed but now no longer wants the divorce can I still make a case to be divorced? How much more money will it cost to get a contested divorce lawyer?...

    David’s Answer

    (1) If you filed a counterclaim, then even if she withdraws her case, you may proceed on yours. (2) Lawyer fees vary widely - from as little as a few hundred dollars to $10-25,000 up-front. You get what you pay for. (3) A Lawyer can certainly pick-up representation at this point - even if she withdraws & you didn't file a counterclaim, the lawyer can simply initiate a new divorce case. Call a NYC Divorce attorney to schedule a consult.

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  • Divorce papers

    my fiance was divorced in Manhattan court and now he is incarcerated and needs the original can he write a letter and notarize it for me to obtain for him in rockland county court clerk being that it is a different county is that possible

    David’s Answer

    No - only the Manhattan County Clerk would have a copy of the judgment.

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