Mario J. DeRossi's Answers

How do I get divorced if my husband is in Morocco?

Service will be valid. The person who personally serves your husband with the Summons and Complaint must sign an Affidavit of Service before a notary public. The fully executed Affidavit of Service must be filed with the Court. Your husband will then have 20 days from the service date to Answer the Complaint. If not, you can proceed wthout him. You should consult with an attorney. Without a fully executed Defendant's Affidavit (signed by your husband before a notary), it is likely that...

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Disposed?

Your Divorce is final. Go to the New York County Clerk's office with the index number and requisition the file. Make a copy of the Judgment of Divorce and have the copy certified. You should also serve a copy of the Judgment of Divorce, and any other court orders, upon the defendant (assuming you are the plaintiff). The orders should be served with a Notice of Entry. You can find the form and instructions online.

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What is a judgment of Divorce? Is that all a person needs to remarry or will a certificate of dissolvement need to be secured?

You are legally divorced and free to remarry upon the entry of a judgment of divorce. The Form UD-11 is a judgment of divorce. Once the judgment has been signed and entered in the clerk's office your divorce is final.

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No-fault divorce (pending in NYS) issue of support from SSID

The court will not leave you desitute. Without hearing more of the facts, you and your wife will continue to receive social security without a contribution from the other. In determining an award of maintenance the court will consider the "standard of living" of the parties during the marriage.

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How will it affect my divorce if I sign off on a new house he is buying in Vegas? His 1st home is soley his, before our marriage

If you or your husband acquire an asset "during the marriage" (from the date of your marriage until either party commences a divorce action), it is presummed to be a marital asset. Title is not dispositive. Therefore, the new house in Vegas purchased during the marriage is a marital asset subject to equitable distribution. Keep in mind, any mortgage secured to purchasse the property is also marital.

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I nanny but don't have a steady income. If I enter "0" as my monthly income in the divorce papers will I be denied custody?

Custody is based on the best interest of the child. Income alone does not decide custody. Regardless, if you and your husband agree that you should be the custodial parent, the Court should sign off on your uncontested "no fault" divorce. Obviously, there are many other reasons why a Court may not sign off on your divorce. If you have diffultly completeing your divorce, you should seek legal counsel.

My husband and I bought a Coop in N.Y. 11 years ago. We have been married for 15 years. We have a 10 yr old son.

If you are a victim of domestic violence (whether verbal or physical abuse), you should seek an order of protection. An attorney can assist you by preparing a family offense petition wherein you will ask the court for protection from future abuse. Your desire to remain at home with your son is not unusual. You may file for divorce and seek an order granting you exclusive use and occupancy of your apartment at least until your son turns 18 years of age or graduates from high school,...

Military spouse rights.

As a service member your husband has an obligation to support his family. You should contact his commander, the inspector general or a judge advocate for assistance. Army regulation contains a formula to determine the appropriate amount of support. You may also file a support petition in Family Court. A petitions part clerk will help you obtain a support order. Once you receive regular support you should speak to a matrimonail attorney about obtaining a divorce. Good luck.

I filed an uncontested divorce i have 2 children with my spouse. we both agree on childsuppport and shared custody. He has been

Yes. If your husband was personally served, and his time to answer has expired, you may seek a default judgment. The court will hold an inquest (one-sided trial), wherein you will ask for a custody and support order. My advice is to seek assistance from an attorney.

My husband wants a divorce. We live in NY state. Do we have to have any waiting period before one of us files?

No. There is no waiting period to file for divorce.