James J. Sexton’s Answers

James J. Sexton

New City Divorce / Separation Lawyer.

Contributor Level 8
  1. Legal Fee for Separation Agreement

    Answered over 4 years ago.

    1. James J. Sexton
    2. David Centeno
    3. David Alexander Browde
    3 lawyer answers

    It depends on the complexity of the Agreement. If you don't have any children or property of any significance it could be under $1,000. If you have children (and thus require custody and parenting time provisions as well as child support provisions) the cost will most likely be higher as you will need additional language in the agreement to address those issues. I jokingly tell clients that the "only thing more expensive than a GOOD Separation Agreement is a BAD one". It's dangerous to...

    Selected as best answer

  2. What is difference bet. a legal separation vs divorce. Will the things agreed upon in a legal separation be uphold in a divorce

    Answered over 4 years ago.

    1. David Alexander Browde
    2. James J. Sexton
    3. Christopher T. Anderson
    3 lawyer answers

    Typically when people refer to a "legal separation" they are not referring to an actual "action for separation" (as is provided for under the Domestic Relations Law) but instead they are referring to living separate and apart under the terms of a written separation agreement which codifies their respective rights and obligations related to all issues arising from the marriage. Obviously the most significant distinctions between two parties who are living separate and apart under the terms of...

    2 lawyers agreed with this answer

  3. Do I have any legal rights living in my co-op owned by my mother

    Answered over 4 years ago.

    1. David Alexander Browde
    2. David Centeno
    3. James J. Sexton
    3 lawyer answers

    Unfortunately it would appear that you have limited rights and remedies available to you. It is possible that you might assert a claim under the concepts of equitable estoppel or unjust enrichment, claiming that you relied on the promise that she would convey to you an interest in the property in exchange for the payments you made. It is unlikely, however, that such a claim would be successful as contracts for the conveyance of real property are required to be in writing. You might attempt...

  4. If a person is charger with assault in the 3rd degree and the person is still contacting them. can the case be thrown out.

    Answered over 4 years ago.

    1. David Alexander Browde
    2. James J. Sexton
    2 lawyer answers

    An attempt to contact an individual against whom you have a protective order does not, in and of itself, result in the "throwing out" of the underlying charges. It also does not, in and of itself, permit a modification of any order of protection - so it is important not to think "I can't call HER but it's okay to talk to her if SHE calls ME" when there is a restraint on communication in place. It is likely, however, that attempts to contact an individual against whom you are seeking an order...

  5. Does my husband have to return his son to mom as son is scared and dosent want to go back cps was called and order of protection

    Answered over 4 years ago.

    1. David Alexander Browde
    2. James J. Sexton
    2 lawyer answers

    You have an obligation to encourage your child to participate in visitation and an obligation not to do or say anything to, or in the presence of your child, that might discourage him from visitation. You do not, however, necessarily have an obligation to drag a child, "kicking and screaming" to a scheduled period of visitation. The best and most conservative course of action is to bring an application to the Family Court seeking to modify the visitation schedule. In many cases the Court...

  6. My ex husb & I have joint legal custody. I live in Vt. and my son and ex live in NY. If my ex were to pass away, do I get cust

    Answered over 4 years ago.

    1. David Alexander Browde
    2. James J. Sexton
    2 lawyer answers

    There is generally a presumption that a biological parent has preference in a custody determination when the custodial parent dies or is unable to continue to maintain custody. This presumption can, however, be overcome with a showing of special or extraordinary circumstances. I have seen cases in Family Court where a child having strong "roots" in a school system has been considered sufficient circumstances to vest custody in a stable grandparent over a stable parent (who lived out of state)....

  7. How much child support and back pay can my ex receive?

    Answered over 4 years ago.

    1. David Alexander Browde
    2. James J. Sexton
    2 lawyer answers

    The date of filing of her Petition is the most important issue when it comes to a "basic" support obligation and arrears. You should also consider, however, that the Court has some discretion when it comes to requiring you to contribute to certain child support related expenses (such as unreimbursed medical expenses) that were incurred prior to the date of filing of the Petition. The parenting time schedule you described sounds like you may have a true "shared" or "split" custody schedule (...

  8. Can I apply for sole custody of my son?

    Answered over 4 years ago.

    1. Gerry M. Wendrovsky
    2. David Alexander Browde
    3. James J. Sexton
    3 lawyer answers

    The issue of custody is determined by a variety of factors but the underlying standard remains the "best interests" of the subject child. In this situation it would appear that your son's father has abdicated major decision making to you and, thus, a Court may be inclined to codify that into an Order without major argument or difficulty. The fact that your son has medical issues that may ultimately require important decisions to be made in a timely manner could actually add to your claim for...

  9. Can i put my husband out of an apartment that we don't own, and the lease is in my name?

    Answered over 4 years ago.

    1. Keith Scott Orenstein
    2. James J. Sexton
    3. Donald Lamar Cobb
    3 lawyer answers

    It's important to note the distinction between what you "can" do and what will ultimately be determined to be legally proper. What you "can" do will very often be governed, in large part, by how the first police officers responding to a scene will say or do. You CAN change the locks on any residence where you reside with your spouse (irrespective of whether you own or rent it) but that does not mean it is permissible under law. I have seen local police respond to such a situation and advise...

  10. If a husband gets money from a lawsuit is his wife and child entitled to any

    Answered over 4 years ago.

    1. David Alexander Browde
    2. Gerry M. Wendrovsky
    3. James J. Sexton
    3 lawyer answers

    The other two answers provided give a good overview of the equitable distribution issues (can the money be divided incident to divorce) but it should also be noted that even if the Court does not distribute any share of the lawsuit proceeds to the other spouse - the funds from that lawsuit may be considered as "income" and/or funds available to the recipient party in making determinations regarding child and/or spousal support. I've had several cases where non-marital property (eg: inheritance,...

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