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David Ivan Bliven
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David Bliven’s Answers

5,396 total


  • I want a divorce from wife and custody of 2 year old child

    My wife has an extra marital affair with her boss and continues with the relationship even though I have objected to it many times . Finally I am left with no other alternative to divorce. She is ready to give me a divorce but not the custody of o...

    David’s Answer

    First, do not leave the house without retaining custody of the child, as that would put you behind the 8 ball on the custody issue. Second, if you haven't been, take the time now to be as involved in every aspect of the child's life, including trips to the doctor, etc. You'll then need to sit down with an experienced attorney to plan case strategy. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • In the case of an uncontested divorce should I file for a fault or no-fault divorce?

    My husband cheated on me and may agree to an uncontested divorce. However he often changes his mind and has an unreliable personality. In spite of what he promised, I am prepared to the possibility of him changing his mind and not signing an uncon...

    David’s Answer

    The grounds of a divorce do not affect any other issue in the case. As such, it doesn't matter whether you get a divorce based on "no fault" or adultery, it wouldn't affect issues such as division of assets and/or your entitlement to alimony. Schedule a consult with a NYC Uncontested Divorce attorney for a full assessment.

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  • My girlfriend and her family took my laptop and filed false harrassment charges now i can't contact them. What can i do?

    My girlfriend and her family took my laptop and filed false harassment charges now i can't contact them. What can i do?

    David’s Answer

    Is your case in Family Court or Criminal Court? If in criminal court, you can ask your attorney to ask the DA for a return of the property. If in Family Court you can ask your attorney to ask her attorney for same. If in Family Court, then call a Westchester Domestic Violence attorney to schedule a consult.

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  • Child support

    My husband has three children from two previous relationships. He is currently paying child support to both mothers and it's rather costly. We've been married for a year and a half and filed taxes together this past year as a married couple. Now t...

    David’s Answer

    • Selected as best answer

    Merely because his household income has gone up doesn't mean child support should increase. The only time this may arguably play a role is in determining whether the guidelines amount is "unjust or inappropriate," thus warranting an upward deviation from the guidelines amount. This is very rarely done, however. You should schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • 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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