Robert Scott Grossman’s Answers

Robert Scott Grossman

Garden City Family Law Attorney.

Contributor Level 6
  1. NO JUSTICE ASSIGNED

    Answered almost 3 years ago.

    1. Robert Scott Grossman
    2. Jeffrey Bruce Gold
    3. Tzvi Yehuda Hagler
    3 lawyer answers

    i agree with the other answers - you must file a Request for judicial intervention (RJI) and pay a fee, and request a preliminary conference, or make a motion. I believe that some of the forms are available online on the Court’s website. I suggest that you contact an attorney to discuss your options since your case is apparently going to be contested requiring court intervention. Good luck

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  2. New York uncontested divorce- can I mail in my paper work to the Court instead of going there?

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Robert Scott Grossman
    3. Tzvi Yehuda Hagler
    3 lawyer answers

    There are fees to be paid, and different places in the building to file different documents. I do not know how the packet would be processed if it were mailed to the Clerk’s office with the fees. To avoid any delays, I would suggest that you appear with the documents and file them and pay the fees in person. Generally speaking, filling would be appropriate in the county in which you or your spouse reside.

    4 lawyers agreed with this answer

  3. I'm retired and own 2 homes my girl and I getting married. When divorce is she entitled to my houses & Pension? (NY gay couple)

    Answered almost 3 years ago.

    1. Robert Scott Grossman
    2. Howard A. Schwartz
    3. Tzvi Yehuda Hagler
    3 lawyer answers

    Generally speaking, she should not be entitled to a portion of the pension as an asset, however, if she stops working the pension could be considered for spousal support purposes. As for the houses, assuming you keep them titled in your name alone, her claim, if any, should be limited to appreciation, if any, but, there could potentially be a claim for reduction of the mortgage balance, depending on the source of funds used to make the payments. To be safe, I suggest consulting a matrimonial...

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  4. Defense against divorce !

    Answered over 2 years ago.

    1. Paul Karl Siepmann
    2. Tzvi Yehuda Hagler
    3. Robert Scott Grossman
    4. Toria Lynn Dixon
    5. Yefim Rubinov
    5 lawyer answers

    First, you should consult with an attorney. the answer depends on what is alleged in her complaint. While you can oppose her grounds for divorce, New York has “no fault” divorce. So, she will likely get a divorce.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I change judge in a divorce case?

    Answered almost 3 years ago.

    1. Stacey A. O'Neill Balduf
    2. Robert Scott Grossman
    3. Loren Ivan Glassman
    3 lawyer answers

    First, I suggest that you speak with an attorney about your rights. Generally, you cannot just “change” judges. Once a judge is assigned to a matrimonial case, they generally handle the case through its conclusion, and sometimes post judgment as well. Any request to a judge to be relieved from a case is generally made to that judge and the decision is within the judge’s discretion. So, if the judge keeps the case, you stay with the judge who you complained about. As for your frustration,...

    2 lawyers agreed with this answer

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  6. Can my ex-wife have our divorce settlement amended to get more money from me? Is this harassment? Can I file charges?

    Answered almost 3 years ago.

    1. Robert Scott Grossman
    2. Philip Adam Kusnetz
    3. Geanine Towers
    3 lawyer answers

    Your question is complicated, and requires a review of your stipulation and more facts to answer. I suggest that you contact a local bar association for a referral, and bring your stipulation to a local attorney to discuss and review your situation. For your information, in certain limited circumstances, under New York Law (not sure what controls your stipulation – New York or Colorado), a stipulation may be set aside or vacated such as when there is a mutual mistake.

    2 lawyers agreed with this answer

  7. How do I get divorce papers?

    Answered almost 3 years ago.

    1. Robert Scott Grossman
    2. Philip Adam Kusnetz
    3. Howard J Pobiner
    3 lawyer answers

    First, I am sorry to hear about your difficult situation. Second, I suggest that you contact a local bar association and seek a consultation regarding a divorce. Many attorneys will offer you a free initial consultation to discuss your case and to give you some basic information. Further, you can obtain basic information and forms from http://www.nycourts.gov/divorce/index.shtml . Good luck.

    2 lawyers agreed with this answer

  8. Responding to divorce papers

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Robert Scott Grossman
    2 lawyer answers

    Not knowing what the papers specifically allege, it is difficult to suggest a response. i will assume that you are referring to a complaint for a divorce. That being said, there are various causes of action for divorce in New York, and you should respond truthfully and accurately. You should include requests for any relief that you intend on seeking, such as equitable distribution of assets, custody, or support (this list is not all inclusive and there are other requests to consider). You...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Document or verbiage to make an addendum to a separation agreement to relinquish all rights to the house they own together.

    Answered over 2 years ago.

    1. Robert Scott Grossman
    2. Howard A. Schwartz
    3. Peggy M. Raddatz
    3 lawyer answers

    Assuming the ex is agreeable, your husband should contact his divorce lawyer to draft it, or another local attorney. any such "addendum" should address the terms and conditions of the existing agreement, and set forth the revised terms and conditions. most agreements have language stating that any subsequent agreement must comply with certain requirements to be binding. He needs to avoid inconsistencies between the agreements. Good luck.

    1 lawyer agreed with this answer

  10. Can i proceed with the divorce as my husband didnt serve an answer until the day after the allowed time?

    Answered over 2 years ago.

    1. Robert Scott Grossman
    2. Hillary Johns
    2 lawyer answers

    Generally, defaults are disfavored, and courts favor resolving cases on the merits rather than technicalities. Even if you are able to obtain a default, there is a strong possibility that it would be vacated in favor of resolving the case on the merits. Further, since your spouse answered, did he deny the allegations for divorce, i.e. is it contested? Or is the answer worded in a way that he consents? More information is necessary to plan strategy , and I suggest you contact a local...

    1 lawyer agreed with this answer