Jacqueline Harounian’s Answers

Jacqueline Harounian

Great Neck Divorce / Separation Lawyer.

Contributor Level 11
  1. Is there a difference between a legal separation and a separation agreement under NY divorce laws?

    Answered over 5 years ago.

    1. Peter Christopher Lomtevas
    2. Jacqueline Harounian
    3. Susan Pernick
    3 lawyer answers

    Legal separation and separation agreement essentially mean the same thing, assuming the parties have signed an agreement that settles all of the issues related to the marriage. If you are separated, medical insurance coverage can continue. This is actually one of the main reasons spouses choose separation instead of divorce. However, the separation agreement needs to address the medical insurance issue so there is no ambiguity. After the agreement is filed and you wait one year, you can...

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  2. Adultery and evidence in NY?

    Answered about 1 year ago.

    1. Jacqueline Harounian
    2. Howard A. Schwartz
    3. David Alexander Browde
    4. David Ivan Bliven
    5. Marco Caviglia
    6. ···
    6 lawyer answers

    Since New York passed No Fault divorce in 2010, the grounds of adultery are rarely presented in Court or litigated. You still have the right to assert grounds of adultery, or cruel and inhiman treatment, and certainly you might gain some emotional satisfaction from doing so. However, be aware that you will not gain any leverage in the financial settlement. Nor will it affect his parenting rights. (If you have been living in New York with your daughter for the past three years, I am...

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  3. Taking kids of a divorce out of the country

    Answered over 6 years ago.

    1. Jacqueline Harounian
    1 lawyer answer

    A passport is not enough. Due to post 9/11 "Homeland Security measures", if you are traveling with a minor child to an international destination, you must have the child's passport, AND a notarized consent from the noncustodial parent, authorizing the international travel. The consent form should state the anticipated dates of travel and the destination.

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  4. If I am not servedon time, do I stil have to file opposition affidavit to a motion?

    Answered about 2 years ago.

    1. Jacqueline Harounian
    2. Joel Richard Salinger
    2 lawyer answers

    You should appear before the Judge on the scheduled return date. (If you are not sure of the date, call the Court to confirm it.) If you were not served timely, you can ask the Judge for more time to serve a written response. The Judge will likely adjourn the motion to give you more time. If you agree to relieve your attorney, you can simply appear on the Court date and advise the Court, and your attorney will be discharged. If you do not agree to relieve him, you should advise the Court...

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  5. Documentation requirements for taking kids of a divorce out of the country

    Answered over 6 years ago.

    1. Elizabeth Rankin Powell
    2. Jacqueline Harounian
    2 lawyer answers

    The letter should state the following: I am the natural father of _____, date of birth _____. I hereby consent to my ex-husband taking my child on a trip to _____ during the period ________. You do not need to have a written consent for medical services. When traveling to Canada, you definitely will need to have the children's passport handy at the border checkpoint. You might not need to show the notarized letter, but it would be good to have, just in case. You should also have a...

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  6. Can you file an Answer to a Camplaint for Divorce if you know the Complaint was filed but you have not yet been served?

    Answered almost 2 years ago.

    1. Jacqueline Harounian
    2. Paul Karl Siepmann
    3. David Alexander Browde
    3 lawyer answers

    She cannot answer the Complaint until she has been served. She can check with the Court to see if a Summons or Complaint filed there, and perhaps can locate the name of opposing counsel.

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  7. Can a grandparent request temp custody of a child if both parents are incarcerated?

    Answered about 1 year ago.

    1. Mary Katherine Brown
    2. Jacqueline Harounian
    3. Ralph Duthely
    3 lawyer answers

    The grandparent has legal standing to file for custody based upon the circumstances you describe. In fact, it sounds like a very straight forward case, and the grandparent will likely succeed. However, she should not delay the filing. If the child is in foster care already, this can be an impediment to the custody order. My office has handle many many grandparent custody cases, and we offer a free consultation.

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  8. My daughter asked me how old she has to be to decide which parent she wants to live with?

    Answered almost 2 years ago.

    1. Susan Kathleen Duke
    2. Jacqueline Harounian
    3. Lawrence Allen Weinreich
    3 lawyer answers

    Once a child reaches the age of 11 or 12, and is mature and articulate enough to state a strong preference, that expressed preference will be given weight in court. The preference of a 10 year old is not conclusive. My suggestion is to fully exercise your parenting time with your daughter and take an active role in school and medical issues. Wait until she is a bit older, and if her desire to live with you gets stronger, seek legal advice at that time to see if moving for primary custody is...

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  9. How the house value is shared after a separation and divorce

    Answered over 5 years ago.

    1. Jacqueline Harounian
    1 lawyer answer

    You should refer to your divorce agreement and divorce judgment, because it is likely that the answer lies there. Normally when an agreement is negotiated on the marital residence, you should receive a credit for the reduction of the mortgage principal, as well as repairs for capital improvements. There should also be an understanding about who gets the tax benefits in writing off the mortgage interest and real estate taxes. The amount that comes off your spouse's share will be 50%, not the...

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  10. My partner and I have to split up. He wants to play hardball and keep kids and our house. What can I do?

    Answered almost 4 years ago.

    1. Jacqueline Harounian
    2. David Alexander Browde
    2 lawyer answers

    Issues such as custody of the children, the sale of the house, and division of proceeds must all be resolved by aqgreement between the two of you. If you cannot agree, a judge will decide these issues, but it will take several months if not years for a final decree. It seems it is time for you to seek legal advice about your situation. Many family lawyers offer a free consultation, so that you can interview several lawyers and find out who understands what your goals and priorities are....

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