Peter L. Jameson’s Answers

Peter L. Jameson

New City Divorce / Separation Lawyer.

Contributor Level 6
  1. How would family court view a three year old daughter licking the private area on a teddy bear? (New York, Family Court)

    Answered about 2 years ago.

    1. Peter L. Jameson
    2. David Alexander Browde
    3. Eric Edward Rothstein
    4. Kenneth Alan Eiges
    4 lawyer answers

    This conduct alone may be explained although it is highly questionable. The court would want to know if there are other signs or symptoms of possible abuse or exposure.

    Selected as best answer

  2. Is my second marrige legal?

    Answered about 2 years ago.

    1. Peter L. Jameson
    2. David Alexander Browde
    3. Eric Edward Rothstein
    3 lawyer answers

    New York holds bigamous marriages to be absolutely void, meaning if your first marriage was not dissolved properly, your second marriage is a "bigamous" marriage and is void. Your second marriage is void regardless of fault, reason or subsequent ratification of the new marriage. Since it is void, there is no need to have the second marriage dissolved by the courts. If you wish to maintain your second marriage, you must legally dissolve your first marriage, and then remarry.

    1 lawyer agreed with this answer

  3. Can this be viewed at the divorce as separation? and help finalizing the divorce?

    Answered about 2 years ago.

    1. Peter L. Jameson
    2. David Alexander Browde
    3. Ted J Swiecichowski
    3 lawyer answers

    Separation requires a properly acknowledged written agreement between the parties. The conduct you reference is not separation. If you are asking because you are looking to establish one of the grounds for divorce, it does not qualify as separation but you can utilize the irretrievable breakdown now under DRL 170.7.

    1 lawyer agreed with this answer

  4. I would like to get a divorce which will be uncontested in NY. What are the steps/documents needed to start this process?

    Answered about 2 years ago.

    1. Denise Santangelo
    2. Paul Karl Siepmann
    3. Eric Edward Rothstein
    4. Leta Liou
    5. Harry N. Konst
    6. ···
    6 lawyer answers

    As previously stated, it is only "Uncontested" if you and your spouse agree on EVERYTHING. You may be able to complete the forms on your own, but this may be problematic. As I tell many of my clients, you can do your own dental work too, but its not advised. More information can be found at: http://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf. My firm handles all types of divorce, including post judgment relief. These cases would be less if the initial papers were handled...

    1 lawyer agreed with this answer

  5. Filing Violations of support order in NYS

    Answered almost 3 years ago.

    1. Peter L. Jameson
    2. Eric Zev Reimer
    2 lawyer answers

    Unfortunately the answer is "it depends". It depends on what your initial divorce/order states as to who is responsible for the cost for medical insurance coverage. if the divorce/order only contained the 50% provision as you have stated above, common sense would say he should have to pay but some courts have held otherwise. The problem you run into is that provision is up for interpretation. At the very least you should immediately file an enforcement petition to clearly establish his...

    1 lawyer agreed with this answer

  6. File a motion in family court for a mutual mistake on a visitation agreement that was voir dire in front of the judge?

    Answered 8 months ago.

    1. David Ivan Bliven
    2. Peter L. Jameson
    3. Mike E. Saint-Pre
    4. Ian S. Mednick
    4 lawyer answers

    I agree with prior counsel, you must submit a counter- order, on notice, which correctly reflects what was agreed to. If not, and the order is signed, then you must file the motion for resettlement which should include a copy of the transcript of the prior appearance which will properly show was was agreed to in court. As always, you should hire an experienced attorney to assist you.

    1 person marked this answer as helpful

  7. Will estranged husband be facing a contempt of court charge ?

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Nicholas Stevens Dubrowsky
    3. Peter L. Jameson
    4. Hayley R. Greenberg
    4 lawyer answers

    The court will not do anything to "violate" him on their own or hold him in contempt of court. You must file a support violation petition for his failure to pay and I would also indicate in the petition his ability to buy an ipad despite being unemployed. If he is unemployed through no fault of his own, he must file his own downward modification to reduce his support. If he has not dilligently sought employment or lost his job for cause, he will not get a reduction and his arrears will accrue....

  8. Should I just default on a divorce summons?

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Peter L. Jameson
    3. Hayley R. Greenberg
    3 lawyer answers

    One of you should withdraw and then find a matrimonial lawyer who will handle this similar to an uncontested divorce. In either case do not default as it can result in a default judgment against you that is hard if not impossible to remedy. It appears neither of you are looking for anything complicated and possibly even unconstested. An experienced matrimonial attorney will be able to resolve what little issues you have and get the papers completed for you. Defaulting will not get you that result.

  9. My x-husband owes me alot of money with both child support and spousal support.

    Answered over 3 years ago.

    1. Peter L. Jameson
    1 lawyer answer

    The issue of termination of spousal support can depend on provisions in your judgment of divorce and/or settlement agreement. Parties are free to contract when spousal support will terminate. If there is a "cohabitation" provision in your agreement, then such a provision is to be applied. Absent any provision, termination of spousal suppport is addressed under DRL 236(b)(6)(c)-"The court may award permanent maintenance, but an award of maintenance shall terminate upon the death of either party...