David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 20
  1. In marriage pay checks are considered marital property? Can a prenuptial say that they just belong to each spouse separately?

    Answered about 1 year ago.

    1. David Ivan Bliven
    2. Mary Katherine Brown
    2 lawyer answers

    Paychecks in themselves are not "property." The money derived from the paychecks, to the degree they're deposited into an account, become an asset in that way. It's the assets themselves which need to be addressed in the pre-nup.

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  2. Under what circumstances can my husband adopt our daughter legally?

    Answered about 1 year ago.

    1. Mary Katherine Brown
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Jayson Lutzky
    4 lawyer answers

    The short answer is that military law in inapplicable in this instance. That said, the biological father must be found to have "legally abandoned" the child, meaning lack of substantial contact in the 6 months preceding the filing of the petition. It appears you would have a good case. For a full assessment, schedule a consultation with a NYC Family Law attorney.

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  3. What are the documentary submission types of evidence that can (cont. underneath)

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Latrice Vinell Campbell
    3 lawyer answers

    This question is too broad to answer as posed, because any document could conceivably be entered into evidence. Generally, documents are "hearsay," but there are many exceptions. For example, certified business or government records could go into evidence. Statements of a party recorded in a document (like an e-mail or text) could go into evidence as either an admission or prior inconsistent statement. Other documents could be the subject of a Notice to Admit and/or fall under another...

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  4. Looking for legal representation in divorce case.

    Answered 2 months ago.

    1. David Zaslavsky
    2. Robert Ricci
    3. Emanuel Kataev
    4. David Ivan Bliven
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    I know for a fact there are lawyers in Westchester who offer free consults & sliding scales on their fees - you just need to keep shopping around (try the "Find a Lawyer" tab on this site). Many lawyers don't necessarily advertise that they offer free consults & sliding scales simply because they may reserve them for financial needy clients (i.e., discounts may not be open to everyone).

    7 lawyers agreed with this answer

  5. In a divorce agreement

    Answered 3 months ago.

    1. Howard A. Schwartz
    2. David Ivan Bliven
    3. David Zaslavsky
    4. Mario David Cometti
    5. Andrew T. Velonis
    6. ···
    6 lawyer answers

    One can request joint counseling and/or mediation, but it cannot be imposed on the other party by the Court. Moreover, there are many other claims one can make beyond division of assets - what claims you may have should be the subject of a full assessment by an attorney. Thus, you should call a NYC Divorce attorney to schedule a consult.

    7 lawyers agreed with this answer

  6. Filing for divorce hoping to get spouse to sign stipulation afterwards

    Answered 5 months ago.

    1. David Ivan Bliven
    2. Louis Lawrence Sternberg
    3. Lawrence Allen Weinreich
    4. Glenn Johnston
    4 lawyer answers

    There's no need to attach the stipulation of settlement to the summons upon filing. Indeed, you can't, simply because the stipulation is a separate document & you must pay a court fee upon it's filing. Theus, you're much better off just resolving the case, have the stipulation signed by both parties & thereafter filing it along with the judgment package. Schedule a consult with a NYC Divorce attorney for more info.

    7 lawyers agreed with this answer

  7. After 30+ years of marriage am I intitled to any of my spouses future inheritance?

    Answered 11 months ago.

    1. David Alexander Browde
    2. David Ivan Bliven
    3. Louis Lawrence Sternberg
    4. Robert J Adams Jr.
    5. Robert E. Harris Jr.
    5 lawyer answers

    Generally speaking you are not entitled to the other spouse's inheritance. And it is true that issues not raised at the trial level , generally-speaking, cannot be raised for the first time on appeal. For a full assessment, schedule a consultation with a Westchester Divorce attorney.

    7 lawyers agreed with this answer

  8. I requested a court appointed attorney for my upcoming visitation and custody modification hearing.

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Richard Francis Sweeney
    5. Ralph Duthely
    5 lawyer answers

    Unless you have something to hide, you should provide all correspondence (& attachments) submitted to the Judge to the other side.

    7 lawyers agreed with this answer

  9. How to look at a copy of child support papers involving Evangelista v. Henri-Pinault?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Peter Christopher Lomtevas
    4. Louis Lawrence Sternberg
    5. Mary Katherine Brown
    5 lawyer answers

    The press probably filed a motion with the court (which was at least partially granted) or had the parties' consent. You would need 1 of those 2 things in order to gain access to Family Court records, as they are all presumptively confidential, even on celebrity cases.

    7 lawyers agreed with this answer

  10. I have been divorced for two years. My ex is the custodial parent. My son is 13 and does not want to be with her. I live in NY.

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Howard A. Schwartz
    3. Peter Christopher Lomtevas
    4. David Ivan Bliven
    5. Marco Caviglia
    6. ···
    6 lawyer answers

    Generally you're right on the border (in terms of age of child) where the court considers his preference to be a very strong factor. It means by the time you'd hit a trial, he'll be 14 & his preference will likely carry the day. For a full assessment, speak to a NYC Family Law attorney.

    7 lawyers agreed with this answer

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