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Kenneth M Keith
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Kenneth Keith’s Answers

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  • Mid trial, wife wont agree to allow me unsupervised visitation back. What papers do I file to have judge decide if its ok?

    im pro se and she has lawyer. Nassau supreme court.

    Kenneth’s Answer

    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.

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  • If you are in the middle of a divorce in NYS, one spouse left the residence but now wants to move back in, do u have to let back

    Legally do you have to let them back in the house?

    Kenneth’s Answer

    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 Temporary order (frequently idf the incidents reported are 'stale') you may run into a dead end. I would bring an order to Show cause in the Supreme Court part dealing with your divorce, seeking exclusive use and occupancy. You can apply on an emergency basis so that it will be heard NOW and the Court can grant it on an interim basis while the motion pends. Far better way to go!

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  • My divorce attorney has filed an order to show cause to be relieved from representing me.

    In her affirmation in support she blamed me for attorney-client breakedown, which is totally not true (the retainer is melting down quick - thats the reason). I told the judge I don't agree and now I need to file an affidavit in opposition, which ...

    Kenneth’s Answer

    • Selected as best answer

    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.

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  • My wife won't sign divorce until she get my property. What shall I do?

    We got married in 2010 in New York. She stays in Canada and she came for 1 week at the time of marriage. Since then we never met. 1 week is only time we spent together as married couple. Things didn't go well between us and I called her to USA too...

    Kenneth’s Answer

    Serve her. There is no requirement that she 'sign' for a divorce and with no-fault here, finally, securing a divorce became even easier.

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  • Is it legall if I have pending 2 divorce cases, one i filed and another my hasbund filed?

    I have pending 2 divorce cases. the fisrt case i filed in March 22, 2012 and the second one my husband filed on September 5,2012. What I have to do about it?

    Kenneth’s Answer

    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.

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  • Divorce signature and hearing court?

    She left to Korea from USA in July 28, 2012. She said will sign the divorce paper if i sent it to her. I live in the USA . Does she has to go to a court or not? when a court got a divorced paper signed by both?

    Kenneth’s Answer

    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.

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  • Can I get a divorce while pregnant in New York State?

    I know there are states that will not let a married woman file for divorce while pregnant and I was wondering if New York is one of them.

    Kenneth’s Answer

    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.

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  • I want to know about my house property in a divorce.

    My husband and I are in the process of a divorce and I want to know if there is a law that states that the mother can keep the house. I am currently unemployed while my husband is employed. Do I keep the house until my youngest child turns 18?

    Kenneth’s Answer

    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 complex that you should consult with counsel for the answer you require.

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  • Can I get a divorce if I got married in the Dominican Republic and no longer wish to finish my husband's paper work?

    I am seeking to get a divorce from my husband that I got married to in the DR and brought him to the united states (new york). I have been married since 2008 and have a child with his person. My marriage is broken and I cant remain in this marriag...

    Kenneth’s Answer

    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. citizen. This rule primarily exists to prevent individuals from entering into sham marriages and divorcing while a green card application is pending. You should consult an immigration attorney.

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  • Can a husband be entitled to pension if he abandoned the marriage and resonsibilites after 7rs of marriage?

    He abandoned the marriage. He was having an affair with another married women. She gave all the proof of his activities. She was smart because I kept evrything as evidence. pictures videos and more. She has been tormenting me . He left but came ba...

    Kenneth’s Answer

    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

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