David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 20
  1. 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

  2. Non Custodial Summer Vacation and Summer Camp

    Answered over 1 year ago.

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

    Communicate with your ex first & see if there's any reason why he can't pick another week. Ultimately I cannot advise to deviate from the order, though your remedy is to file a petition for modification & see what the Judge says about it. For a full assessment, schedule a consultation with a White Plains Child Custody attorney.

    7 lawyers agreed with this answer

  3. If a guy coerces me psychologically to have sex with him and is verbally abusive to me and disparages and humiliates me

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Eric Edward Rothstein
    3. Christine C McCall
    3 lawyer answers

    Not merely on the facts you've presented. If his conduct was limited to mere speech unconnected to unlawful conduct, he cannot be arrested nor can you sue (at least not for an order of protection). To the degree there are details you left out, then I encourage you to schedule a consultation with a NYC Family Law attorney for a full assessment.

    7 lawyers agreed with this answer

  4. Is mediation the best way to go?

    Answered over 1 year ago.

    1. Gary Burton Port
    2. David Alexander Browde
    3. David Ivan Bliven
    4. Peggy M. Raddatz
    5. Brad S. Margolis
    6. ···
    8 lawyer answers

    Mediation must always be on consent. At the least, you may wish to consider consulting a "regular" attorney & perhaps retain him/her to review whatever is proposed in mediation.

    7 lawyers agreed with this answer

  5. Do I need a family law attorney?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Jill Marie Zuccardy
    3. David Ivan Bliven
    4. Mary Elizabeth Ramos
    5. Ian Zimmerman
    6. ···
    7 lawyer answers

    At the least, have the paperwork reviewed by an attorney before you sign anything. It's worth the price of a small conmsultation fee to make sure you're not giving up your rights to anything. Many lawyers give free initial consultations, so schedule an appointment with a NYC Divorce attorney.

    7 lawyers agreed with this answer

  6. Who makes decision? Motion was heard in court hearing. Judge didn't make decision. Will judge's clerk or judge make decision?

    Answered almost 2 years ago.

    1. Bruno Patrick Bianchi
    2. Peter McGrath
    3. David Ivan Bliven
    4. Eric Edward Rothstein
    4 lawyer answers

    What kind of case is this? As a practical matter, as the other attorneys have said, the Judge's Court Attorney (or "Law Secretary") generally assists the Judge in making a decision. Indeed, sometimes the Court Attorney is the one who actually drafts the decision (i.e., the one who does the writing) but in my experience it's ALWAYS the Judge who makes the actual decision. That said, I advise you to schedule a consultation with a NYC Family Law attorney for a full assessment of the case.

    7 lawyers agreed with this answer

  7. Modify the Pro Rata Share or File For Poor Person Status?

    Answered almost 2 years ago.

    1. David Ivan Bliven
    2. Matthew Thomas Majeski
    3. David Alexander Browde
    4. Jayson Lutzky
    4 lawyer answers

    Unfortunately, it seems a little late in your game to now apply for Poor Person status, as that usually needs to be done at the beginning of the case. And unless you feel the Judge didn't consider certain facts, filing a motion to reargue seems an exercise in futility. You may wish to consider an appeal at this point. That said, it behooves you to schedule a consultation with a NYC Divorce attorney.

    7 lawyers agreed with this answer

  8. How long is gonna take to finalize my divorce?

    Answered almost 2 years ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Morghan L Richardson
    4. Edwin Drantivy
    4 lawyer answers

    Westchester is taking about 3-4 months on average to sign judgments of divorce from when all the papers have been submitted. That said, unfortunately, if you are representing yourself, those submissions often take longer as those have a high percentage of errors in them.

    7 lawyers agreed with this answer

  9. My collaborative divorce, started by my spouse seems to favor a better outcome for him. Should i continue?

    Answered almost 2 years ago.

    1. Jeffrey B. Peltz
    2. David Ivan Bliven
    3. David Alexander Browde
    4. Jayson Lutzky
    5. Morghan L Richardson
    5 lawyer answers

    If he is that hostile, collaborative law doesn't seem the way to go. You're of course free to raise these concerns to the collaborative law attorney. But you're best advised to schedule a consultation with your own NYC Divorce attorney.

    7 lawyers agreed with this answer

  10. My husband filed for divorce and by law he cant take out money from our mutual account without court order or written consent

    Answered almost 2 years ago.

    1. David Ivan Bliven
    2. Marco Caviglia
    3. Jeffrey Jose Estrella
    4. Deborah G. Fiss
    4 lawyer answers

    First, it's not exactly accurate to say that one cannot take ANY money out of a joint account after the filing of a divorce. Instead, the automatic orders state that one cannot take out more than is customary to spend on ordinary living expenses. If he took out more than that, then yes, he may have arguably violated the order. That said, neither small claims court nor Family Court would have jurisdiction over such a claim. If you cannot afford an attorney, you may contact Legal Aid and/or...

    7 lawyers agreed with this answer

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