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David Ivan Bliven
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David Bliven’s Answers

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  • How will our pensions be divided?

    I am in contemplation of a divorce. I know we will eventually split our assets through equitable distribution, but I want to know how our pensions will be split. Specifically, my wife and I obtained pensions before our marriage. She currently has ...

    David’s Answer

    Usually each will get the marital share of the other's pension. Marital share is defined as that which accrued to the pension between the date of the marriage & the date of the divorce filing. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Are we required to go to court or is the signed agreement enough? Is it possible to file the agreement with the court ourselves?

    Good morning, I am currently in the divorce process and my wife and I have come to a settlement agreement on our own. The agreement has been signed by both parties and was sent to our attorney's to finalize the divorce.

    David’s Answer

    Generally if you have retained attorneys, then the attorneys should handle all the court filings. Thus, contact your attorney to verify the status of the case. Call a NYC Divorce attorney to schedule a consult for a 2d opinion.

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  • After a Three Year Divorce proceeding I found out that the Judge's Son works where my ex-wife works, what do I do?

    After battling uphill in court for three years (New York County Supreme Court Matrimonial Part ) i find out (post trial) that the son of the Judge we were in front of was a member of the same faculty as my wife. It is impossible to believe that ...

    David’s Answer

    While is may be frustrating news to deliver, the mere fact that your wife is employed at the same workplace as his son isn't a conflict of interest in itself. Many more facts would need to be discovered, such as the extent of any personal relationship, whether the Judge thereby also had a personal relationship with your wife, etc. It's extremely hard to get a Judge recused off a case - there may be better ways of dealing with the issue. Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • I received family court papers of order of violation through the mail by my ex-wife is this legal? I

    Family Court order of violation through the mail , is this legal? I was told other wise by court that a person must be served in person. I always have my ex-wife served through sheriff dept.

    David’s Answer

    Generally you must be served personally with a petition, unless ordered otherwise by the Judge. Thus, you can always check with the clerk's office as to whether the Judge authorized mail service. Call a Westchester Family Law attorney for more info.

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  • If I submit a Family Court motion for a copy of the court audio recording vs the doctored transcript, does case law supports it?

    After a preliminary hearing last month to secure a temporary order of protection for my teenage daughter, I ordered the official transcript. But the transcript came back tampered with in at least two or three places. In one place, an inappropria...

    David’s Answer

    You would file a motion for settlement of transcripts. And yes, there is caselaw supporting a motion to correct a transcript with proposed changes. If the preliminary hearing was a tape (as opposed to a stenographer), the Judge would then generally listen to the tape itself to determine if the proposed changes should be ordered. Schedule a consult with a White Plains Family Law attorney for more info.

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  • When the TOP and the transcript disagree on how much contact is allowed, which takes precedence?

    My daughter has a temporary order of protection from family court against my ex-spouse. The TOP says only our daughter can initiate contact. But the transcript seems to say my ex-spouse can initiate communication but not contact -- meaning physi...

    David’s Answer

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    The order clearly takes priority over a transcript. Thus, if you believe your ex is violating the order, you (or your lawyer) may wish to send 1 written warning to this effect - otherwise file a violation petition. Call a Westchester Family Law attorney for more info.

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  • How do I keep him away when my child is around her?

    I need alittle information about my current situation. In our divorce documents there is a stipulation stating neither person can introduce our child to a significant other without first consulting the other parent. My ex spouse is bringing around...

    David’s Answer

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    First, send your ex a communication stating your concerns & ask her to cease bringing the child around this person. If your ex declines to do so, or simply doesn't reply, your next step would be to file an enforcement petition with the Family Court. Schedule a consult with a Westchester Family Law attorney for more info.

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  • Can I report this somehow if I believe she committed fraud? Family law

    I believe my exmay have committed fraud on the financial affidavit to receive the public defender in family court. She works full time, lives with her bf who works full time, and receives ample child support from me for her one child.

    David’s Answer

    Report it to Judge. If she submitted the financial disclosure affidavit to the Court, then you're entitled to a copy. Get it & then gather the admissible evidence which proves her representations were lies. Call a Dutchess/Westchester Family Law attorney for more info.

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  • How can I get the documents delivered across state lines, and would it be wise to attempt punishment via military action?

    I'm filing for divorce from my spouse, my children and I live in another state, as he is currently serving in the military. He is currently dating another soldiers wife and stated he would avoid service of documents, he refuses to disclose his add...

    David’s Answer

    If your spouse is active duty military, then you may need to file for divorce in his jurisdiction. This is because the Soldiers & Sailors Act makes him immune from service of process except where he is stationed. Call an Orange/Westchester Divorce attorney for more info.

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  • How much will cost me to file for a divorce case

    I need a lawyer for a divorce case

    David’s Answer

    Fees to retain an attorney to process a divorce vary widely - form a few hundred dollars to $10-25,000. This is with the old adage: you get what you pay for. Hire cheap & expect an inexperienced, overworked and/or incompetent lawyer. Call an Orange/Westchester Divorce attorney t schedule a consult.

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