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Peter L. Jameson
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Peter Jameson’s Answers

9 total

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

    About 2 weeks ago my sons father and I reached a mutual agreement in front of the judge on a visitation schedule. But once we left court, it appeared that the opposing attorney swapped the weekday visits, from what I thought I agreed to, to benefi...

    Peter’s Answer

    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.

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  • Is my second marrige legal?

    I married twice thinking that the first one was anulled. now i'm told that it was not does this make my second even legal or do i have to divorce her as well?

    Peter’s Answer

    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.

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

    my wife left about one year and half,taking the bank account and all the house-goods she deemed necessarily, I had no yaw to get in touch and I commence the divorce,about eight mo a go ,she appeared in the last moment to contest it .I still pay al...

    Peter’s Answer

    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.

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

    Scenario: The father, the father's girlfriend, the girlfriend's grandmother, and his daughter were present at the girlfriend's grandmother's apartment. The three year old daughter went into the grandmother's bedroom and brought out a teddy b...

    Peter’s Answer

    • Selected as best answer

    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.

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

    It's uncontested because we did not have any children together and there are no assets to split (home, car, bank accounts, etc.). We are no longer living together. She moved out in April 2012. Where can I get the documents to start the process?

    Peter’s Answer

    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 correctly. You should seek out a firm who handles unconstested divorces, which include the drafting of a settlement agreement which will adequately protect your rights.

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  • Will estranged husband be facing a contempt of court charge ?

    My estranged husband is now in arrears for court ordered child support to the tune of $755.00, with his account charging every Tuesday. We are now dealing with custody issues, as I have physical custody and share joint custody, but I am seeking so...

    Peter’s Answer

    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.

    I would also caution exposing your daughter to any litigation issues as best you can. It may be looked upon with question that she brings up the support arrears before the mental health evaluator. The courts position is that children should not be involved in or exposed to any issues of the litigation, this is especially true for younger children. I can only assume you have counsel, If not I would certainly seek the help of an experienced family lawyer

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  • Should I just default on a divorce summons?

    I had filed for no-fault divorce against my wife. However, instead of waiting for an answer to a Demand for Copy of Complaint, she decided to file her own action for a divorce. Time is of the essence for her, because she's a temporary resident. ...

    Peter’s Answer

    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.

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  • Filing Violations of support order in NYS

    I was recently in court for a Modification petition and in looking at the last support order it appears there have been several violations on the part of the non custodial parent. He was ordered to pay 50% of all uncovered medical, dental and hela...

    Peter’s Answer

    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 responsibility for his share of health insurance premiums if it has not been clearly addressed in your divorce/order.

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

    I'm in court rite now with my x-husband who now is in arrears of almost $30,000.He just now all of a sudden is claiming that he doesn't want to pay my spousal support owed because I'm cohabitating with a guy.I"ve been in an on and off relationship...

    Peter’s 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 or upon the recipient's valid or invalid marriage...". Therefore if your agreement is silent as to cohabitation, then termination is only upon your remarriage. Any cohabitation with a male, for any length of time, would not be a basis for termination of spousal support. I suggest you hire a lawyer to enforce your rights.

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