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Susan Pernick's Answers
- 625 Legal Answers
- 2 Legal Guides
1
Attorney answers:
Will contest, spouses were separated, but never divorced, does spouse have a right to estate under NY state law
Your question is very complicated. Was your father competent when he gave away his money - by that I mean, was he oriented as to time, date and place, and his surroundings, did he know who his daughters were (are you one of them?) did he understand the consequences of his actions, and did he know the natural objects of his bounty? That means that naturally, people leave/give their money to their spouses and their children. Also, was your father acting under duress? Was he in fear that if...
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2
Attorney answers:
Case Abandoned - CPLR 3404
Defendant can cross-move for dismissal. This will require the plaintiff to explain the delay in prosecuting the action, and it has to be a good one. The courts sometimes accept "law office failure" as an excuse, but over such a long time that's hard to justify. Where was the plaintiff during this? Why wasn't he badgering his lawyer to move the case. If he's proceeding pro se (without a lawyer) he may not know how to oppose the motion. If you don't have a lawyer, you should get one,...
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3
Attorney answers:
Can my husband contest a divorce. no children together. he lives in a home in my name only. we live in different states.
In a few weeks, NY's no-fault divorce law will take effect. I'd wait for that to happen. If you owned the house before you married, the house is yours, but your husband may have a claim for any improvements he paid for during the marriage, or costs, such as taxes, etc. You need a NY matrimonial lawyer who can get good service on your husband in GA. It's not difficult. Any good lawyer can do it. You don't need the most expensive lawyer around. DISCLAIMER - THIS IS NOT LEGAL ADVICE,...
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3
Attorney answers:
If I own my own apartment and my girlfriend lives with me for free can she take the apartment or part of it, if we split?
there's no such thing as "palimony" in NY, so since you're not married, she has no claim to any of your property. If she files suit, get a lawyer. DISCLAIMER - THIS IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. THIS IS FOR GENERAL INFORMATION PURPOSES ONLY.
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3
Attorney answers:
NYS Divorce law: can i postpone a court hearing on giving the judge a settlement update
I'd suggest you write to the judge - and send a copy to the other side's attorney - requesting the adjournment, and stating why. If it's the first time, it will most likely be granted. If there have been other requests (by you) it's less likely. Whatever you do, be sure to copy the other side on everything. Don't try to contact the judge directly, unless you speak to the judge's clerk and request a conference call so that the other side's lawyer can participate. Ex parte communications (...
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3
Attorney answers:
Are the amounts for damages on lawsuits really need to be calculated on the summons and complaint?
In some cases, like medical malpractice, it is improper to include a dollar amount in the complaint. But in virtually all other cases, a dollar amount claimed as damages is included. A complaint should contain a claim for specified damages. The amount should be a little higher than provable damages, in case a jury wants to award you more than you sued for in the complaint. But don't fall prey to what a lot of lawyers are guilty of -- leaving their finger on the zero key too long, because...
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2
Attorney answers:
How long do I received settlement after divorce papers are signed?
As Mr. Browde wrote, the typical practice (if the settlement is in cash) for your husband (or his attorneys) to send a check made out to your lawyer's escrow account. Fees, charges and disbursements (such as court and deposition fees) will be deducted by your attorneys, and the balance will be sent to you. The process should not take long, unless the agreement requires that a house be sold and you are to get the proceeds. If that is the case, I'm afraid it will take quite a while, given...
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2
Attorney answers:
Could I get legally separated?
The answer to your question is yes, but you need a lawyer for this one. Because your wife is incapacitated mentally, she needs a law guardian to protect her interests. (Ordinarily, as her husband you'd be her guardian, but as your interests are adverse to your wife's, the court won't appoint you. What you need to do is retain an attorney. S/he has to apply to the court to appoint an independent guardian. Obviously, you can't sue her for "fault" because she is unable to defend...
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2
Attorney answers:
CPLR 5519 (NY State) When the 2 necessities have been met can the Trial Judge that Evicted me deny STAY?
I think you're misreading the CPLR. The court must set the amount of the undertaking (often twice the amount in dispute), and you must vacate the premises immediately if you lose. Did the judge sign the order to show cause? Was there a stay of eviction pending the outcome of the application contained in the order? You should have filed an OSC with a request for a preliminary injunction, and a stay pending the outcome of the application. If you didn't do that, I doubt you'll get a stay....
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2
Attorney answers:
How to appeal for the divorce my ex-husband filed in Dec. 2003 and had a child with me in 2004,I found out about divorce in 2005
I agree with the answer referring you to family court. But I think you should consult a lawyer about the entry of a judgment of divorce without your knowledge. In order for a divorce (or any proceding can be served. If you had no knowledge of the action, it sounds like there wasn't good service on you, so the judgment can be vacated. If your ex has any assets, it's worth doing, because the court will then fix the amount of child support, and maintenance to be paid to you, if any. Don't...
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