Elena Lynn Greenberg’s Answers

Elena Lynn Greenberg

Garden City Divorce / Separation Lawyer.

Contributor Level 3
  1. If settlement happens in a contested divorce between RJI and the Compliance Conference, do we need to go to court for Compliance

    Answered 7 months ago.

    1. Howard A. Schwartz
    2. David Alexander Browde
    3. David Ivan Bliven
    4. Alita P. McKinnon
    5. Elena Lynn Greenberg
    6. ···
    6 lawyer answers

    You will not need to attend the compliance conference. In Nassau and Suffolk Counties, you need not make any further Court appearances. In Queens, you are required to appear for an inquest in order to obtain an uncontested divorce.

    Selected as best answer

  2. I purchased a new home in joint names with my husband with money i inherited.

    Answered about 2 years ago.

    1. Elena Lynn Greenberg
    2. Paul Karl Siepmann
    3. David Alexander Browde
    4. Eric Edward Rothstein
    4 lawyer answers

    He is not necessarily entitled to half, but has an interest in the property due to the fact that you purchased it in joint names, and he makes contributions, albeit not direct contributions to the property, but indirect contributions by paying other family expenses. You could get a credit for the deposit which came from an inheritance if you can trace it with a clear paper trail. It may be tainted, however, if you put the inheritance money in a joint account and comingled it with marital funds...

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  3. Can I sue my ex-husband after the divorce was finalized, if there was no fraud?

    Answered about 2 years ago.

    1. David Alexander Browde
    2. Susan Kathleen Duke
    3. Elena Lynn Greenberg
    4. Lori Noel Bovee
    4 lawyer answers

    It is very difficult to rescind an agreement based upon fraud. If you can get past the six year statute of limitations, you would have to prove that there were material misrepresentations of facts made at the time of entry into the agreement. You would also have to show that you availed yourself of all discovery vehicles or knowingly waived them at the time of the agreement.

    3 lawyers agreed with this answer

  4. I have been legally separation for 13 years, I have been told that after 6 yrs. of separation it becomes a divorce, is it true

    Answered about 2 years ago.

    1. Howard A. Schwartz
    2. Elena Lynn Greenberg
    3. Brian Daniel Perskin
    4. Susan Kathleen Duke
    5. David Alexander Browde
    6. ···
    7 lawyer answers

    That is not correct. Divorce documents need to be prepared, served, approved by the clerk, and signed by a judge. It is not automatic.

    2 lawyers agreed with this answer

  5. Do you have to get a legal separation for a year before you can get a divorce in New York?

    Answered about 2 years ago.

    1. Paul Karl Siepmann
    2. David Alexander Browde
    3. Barbara J. King
    4. Brian Daniel Perskin
    5. Lawrence Allen Weinreich
    6. ···
    6 lawyer answers

    No

    2 lawyers agreed with this answer

  6. What constitutes spousal abuse, and does it have a bearing on who gets custody in a separation?

    Answered about 2 years ago.

    1. Mary Katherine Brown
    2. Paul Karl Siepmann
    3. Elena Lynn Greenberg
    4. Brianne Marie Carbonaro
    5. Lawrence Allen Weinreich
    5 lawyer answers

    Spousal abuse absolutely has a bearing on custody. The Wife needs to obtain advice from a lawyer; not a hotline.

    2 lawyers agreed with this answer

  7. Are gifts subject to Equitable Distribution?

    Answered about 2 years ago.

    1. Elena Lynn Greenberg
    2. David Alexander Browde
    3. Lawrence Allen Weinreich
    3 lawyer answers

    The answer is no. Gifts are not subject to ed. However, if the gift is in "cash", keep in mind that the burden is on the party asserting the claim to prove separate property. Since "cash" leaves no paper trail, it can be difficult to prove its source.

    1 lawyer agreed with this answer

  8. What are the chances of a family court referee completely going against a forensic report?

    Answered 7 months ago.

    1. Rachel S. Silberstein
    2. Louis Lawrence Sternberg
    3. Bridget Joy Tartaglia
    4. Sofia Balile
    5. Elena Lynn Greenberg
    5 lawyer answers

    There is a chance, particularly if the recommendation in the forensic report is not sound. More and more these days the forensic examiners do not make recommendations. There are many who feel that is only for the Court to decide after hearing all of the evidence.

  9. I have filed for divorce and my wife and I both want physical custody. we have not met with the judge yet and both still living

    Answered 7 months ago.

    1. David Zaslavsky
    2. David Alexander Browde
    3. Steven P. Kuhn
    4. Howard E. Knispel
    5. Jodi Ann Donato
    6. ···
    6 lawyer answers

    If you filed for divorce, I assume you already have an attorney. If not, you should get one. If you do have an attorney, you should seek his or her counsel. If not, you should look for a new one. A lawyer cannot give you advice online in this forum. You need to schedule a consultation to obtain legal advice.

  10. “if I recently received life insurance money from my father's death of 30 years ago, do I have to split it in a divorce?”

    Answered 7 months ago.

    1. Steven P. Kuhn
    2. Ian S. Mednick
    3. David Alexander Browde
    4. Elena Lynn Greenberg
    4 lawyer answers

    No, but make sure you keep it in an account in your own name. Do not put any part of the money in a joint account, or it will be compromised.

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