Skip to main content
Mary Katherine Brown
Avvo
Pro

Mary Brown’s Answers

8,243 total


  • Military law and spousal support

    Is it the military woman still need a spousal support from his ex husband that are in military too. Even they are just married for one month and no kids and they are both now married to another person

    Mary’s Answer

    No, in the situation you've described there would be no spousal support ordered.

    See question 
  • What would be an appropriate gift for my divorce attorney?

    My divorce will be final soon. I would really like to get my attorney a small gift. I was thinking about getting him a pen for his desk engraved with his initials. Would this be appropriate? I don't want to do a food gift, as he has dietary restri...

    Mary’s Answer

    That's very kind and thoughtful of you, and your gesture will no doubt be appreciated as much or more than the gift itself. In my opinion, a pen would be a very nice gift :-)

    See question 
  • If a couple is married,say 3yrs, and they buy a house in NJ but put husbands name does wife have any legal claims on that

    Property in case of divorce . Is that considered as property own by both even if not in name of both parties

    Mary’s Answer

    Yes, property acquired during the marriage is presumed to be marital property regardless of how it is titled.

    See question 
  • Were my due process rights violated by Family Court?

    I had court on a rule to show cause yesterday (8/27/15) here in an upstate South Carolina for child support. The rule was sent to the local sheriffs office for service and they never served me or any household member. I didn't know about court un...

    Mary’s Answer

    If you owe child support arrears, the court has broad discretion to issue warrants, etc. I suggest you speak directly with a local attorney for further assistance.

    See question 
  • Should I file for custody and start the court process even though I have full time custody unofficially?

    I have a 10 month old son. I have filed for child support from his father, who is not in his life. So far there has been no custody hearing, his father hasn't filed anything and I don't know if he plans on it or not, if he did it would be to manip...

    Mary’s Answer

    It really depends on the individual facts of your particular situation--in some cases, "if it isn't broke, don't fix it" applies, others benefit from taking action ahead of a problem. Talking this through with a local attorney will help you determine which approach is right for you. Good luck!

    See question 
  • Are child support and child custody cases contingent on each other?

    I recently filed for child support from my son's father. Does this mean I will also have to go to court for a custody case/hearing? My son and his father have established paternity but that is as far as it has gone and I haven't heard anything els...

    Mary’s Answer

    No, typically they are not; however, you should speak with a local attorney to understand what impact these may have on each aspect of your particular case.

    See question 
  • Does a prenuptial agreement protect the assets of one partner from creditors claiming on the other person? New York City

    Financial assets include bank accounts, coop apartment, brokerage accounts

    Mary’s Answer

    It depends upon the terms of the agreement and how the parties have arranged their property ownership. If you are concerned, I suggest you have your agreement reviewed and if necessary changed to address your concerns. Good luck!

    See question 
  • Can I remarry in a catholic church after I got divorced from my husband after we got married in the city hall in new york

    We got a state marriage in new york in city hall about 5 years ago...we separated and got divorced last year.. I have now left the united states, I have met someone else and not sure if I will have a problem if I want to get married in a Catholic...

    Mary’s Answer

    I do not believe the Catholic Church recognizes a civil marriage for purposes of determining whether you can marry in the church. In other words, most likely as far as the church is concerned, you have never been married. I suggest you put this question to your parish priest for a certain answer as this isn't really a legal question. Good luck!

    See question 
  • My husband's mistress sent us a C&D letter but only to stop me to interrupt their affair.

    My husband's mistress sent us a C&D letter from her lawyer last year, said that my husband and I should stop all communication with her and her husband,(yes, she's married) but I just found out she's still contacting and seeing my husband. This is...

    Mary’s Answer

    You should not try to "confront" her or her husband, but you certainly can address the situation via your divorce proceeding, which you should file immediately unless you intend to tolerate the situation.

    See question 
  • Divorce Dragging on four years and counting; no end in sight

    I am in fourth year of an endless divorce from a ONE YEAR marriage. My wife has a "free" lawyer (which means I have to pay for him). I got a lawyer to fight off unfounded child abuse and family court violations and thought that would end it, but ...

    Mary’s Answer

    Unfortunately, it doesn't end until you give up or all appeals have been exhausted. Don't give up!

    See question