If you now agree with the withdrawal as counsel, you can sign a document called "Consent to Change Attorney" and avoid the need for the Court to decide the Motion. It will matter little what you say in your response to the attorneys motion to defend against the allegations as the Judge will probably remember neither the accusation not the refutation. It happens a lot in divorce and the easiest is to sign the form and move on.
Mid-trial you're not going to be filing papers any longer, you're going to be putting in/defending a case to the desired end of unsupervised parenting time. As you don't advise how you got to where you are, it's hard to define the path for how to get back. You have to look at what the basis was for the imposition of the supervision in the first place. The fact that you're first asking mid-trial and are pro-se while your wife is represented does not bode well for the future. Good luck.
You can file for divorce in New York while pregnant without question. You must meet normal jurisdictional requirements but the pregnancy is not a limiting factor in any way. Issues related to the chils will have to be decided down the road, however. With the time generally needed for a divorce to work its way through the system, this should not be a problem.
You can send her the papers, but that does not constitute valid service.
She can sign the appropriate document consenting to the divorce but she MUST sign at the US Embassy or Consulate as the courts will not accept documents bearing the seal of local officials/Notaries.
Although there are circumstances where two cases can be maintained, generally the Court will dismiss the last filed action or, if appropriate, will consolidate into one caption (case heading). An appropriate motion can be made to the Court but a discussion at a conference may resolve the problem with less time, energy and cost.
As long as your marriage has bee "broken" for at least six months You may secure a divorce in New York wiout question. If the divorce is finalized before a green card is issued, the immigrant spouse cannot receive a green card based on their being married to a U.S. citizen. This is because the divorce terminated the conditional permanent residence that was based on their being a spouse of a U.S. resident. Therefore, the spouse would not receive a green card and would be unable to become a U.S....
In NY fault basically is not a factor for the Court to consider in property distribution. The court can uoficially do thing differently.if they form a true dislike for a litigant bu pension.t, basically he will share in the
You don't mention how long your spouse has been gone or why they left but i must disagree with my colleagues who advise you to go for an Order of protection. To get such an Order you must establish than one of a number of designated family offenses have been committed. If they have been you can go to Family Court (or sometimes Supreme if they will entertain such an application) to get it. Problem is a) if no designated family Offense has been committed or b) if the Couert declines to issuea...
The answer is not as simple as you might wish it to be. Many factors impact on the award of exclusive use and occupancy of the marita home to a custodial parent. The age of the children now, the amount of equity in the house, your ability to carry the house with the support package ultimately awarded all are factors which must be considered. New York law does not mandate that you keep the house but the court will allow you do do so under appropriate circumstances. The issues are sufficiently...