Robert B. Pollack’s Answers

Robert B. Pollack

Jericho Divorce / Separation Lawyer.

Contributor Level 8
  1. My ex has just hired a lawyer I spoke to when I filed for divorce. I didn't hire him, but told him about our case. What now?

    Answered 5 months ago.

    1. Stephen Clark Harkess
    2. Ronald Richard Stowell
    3. Joshua Caleb Sauer
    4. Robert B. Pollack
    4 lawyer answers

    That attorney should err on the side of ethical caution and not represent your husband.

    6 lawyers agreed with this answer

  2. Divorce, professional degree monetary distribution.

    Answered 3 months ago.

    1. Clifford J. Petroske
    2. Paul Karl Siepmann
    3. Robert B. Pollack
    4. David Zaslavsky
    4 lawyer answers

    Once the degree or license is valued for purposes of equitable distribution, unlike a bank account with a fixed value amount, the non-titled spouse's contribution to the attainment of that degree / license must be found. That would be translated into a percentage of the overall value of the asset. The tendency for the court today is to award SOME percentage of value to the non-titled spouse, but only in rare cases would it approach a 50/50 split. The court would not allow the non-titled...

    4 lawyers agreed with this answer

  3. Hello sir/madam, Today was the first attempt by someone to serve me divorce papers by my husband and i was unavailable.

    Answered over 2 years ago.

    1. Robert B. Pollack
    2. Barry J. Gross
    3. Mary Katherine Brown
    4. Alireza Hedayati
    5. Jon Michael Probstein
    6. ···
    6 lawyer answers

    You should not avoid service. Not wanting a divorce is an issue that can be discussed with your attorney after you have been served. Accept service of the papers and retain counsel.

    4 lawyers agreed with this answer

  4. Can a attorney file under different grounds for a annulment or divorce than one could if they were to file with no attorney in

    Answered almost 3 years ago.

    1. Leta Liou
    2. Robert B. Pollack
    3. Yefim Rubinov
    4. Hillary Johns
    4 lawyer answers

    Although NY is now considered a "no fault" state, there are still reasons why consultation with an attorney could be important. Anullment is a separate and distinct method to dissolve a marriage and requires corroboration from a third party witness. Your question is not specific enough to address your concerns specifically. I would suggest you consult with an attorney. However, know that whether it is an attorney filing or a party on his own, the same causes of action are available to...

    4 lawyers agreed with this answer

  5. Can I file for uncontested divorce even if I have two kids

    Answered almost 3 years ago.

    1. David Alexander Browde
    2. Robert B. Pollack
    3. Howard A. Schwartz
    4. Paul Karl Siepmann
    5. Kenneth A. Eiges
    5 lawyer answers

    You are not barred from filing for an unconsted divorce because you have children... but based upon your question, it is clear that there is at least one "constested" issue; child support. It is clear that you cannot afford an attorney and with due respect to my colleague below, the chances of your finding an attorney to do this for free is slim to none and although in the Supreme Court (which is the court with divorce jurisdiction... NOT Famiily Court) you could very well win counsel fees...

    Selected as best answer

  6. Will the judge penalize me if I don't attend a status conference for my divorce case if my attorney is there for me?

    Answered over 1 year ago.

    1. Douglas Shaun Kepanis
    2. Bruce Provda
    3. Eric Edward Rothstein
    4. Peter Christopher Lomtevas
    5. Robert B. Pollack
    6. ···
    8 lawyer answers

    I would say that I would agree with my esteemed colleagues' responses, however, there is an underlying isssue here; why is your husband behind on his pendente lite payments and what can be done to enforce those so you have gas in the car? To me, this is the more important matter at hand. Why are you being left to live your life without being able to afford gas? I would be seeking to address this problem.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Hiding Income

    Answered about 3 years ago.

    1. Robert B. Pollack
    2. Robert Scott Grossman
    3. Vivek S. Suri
    4. Stacey A. O'Neill Balduf
    4 lawyer answers

    Yes, it is "legal" for him to have a separate account and thereby attempt to "hide" income from you. As part of our routine discovery process, we send out subpoenas to every bank within about 25 miles from our client's home, asking for account statements and other bank records under the other party's name whether by himself or with another person and identify him by the last four digits of his social security number. It is amazing how many times we find out about "hidden" accounts! There are...

    Selected as best answer

  8. In an uncontested divorce, when does the affidavit of regulatory need to be signed?

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Louis Lawrence Sternberg
    3. Robert B. Pollack
    4. Marc A Rapaport
    4 lawyer answers

    In a submission to the Clerk for an uncontested divorce, the Affidavit of "Regularity" is signed before a Notary Public by the Plaintiff and submitted with the rest of the papers. Refer to the instructions that came with the Uncontested Divorce Packet or call the Clerk's office fo rmore information.

    3 lawyers agreed with this answer

  9. A child support order was entered against me in my absence, w/o paternity tests. I have since been paying (paycheck deductions)

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Paul Karl Siepmann
    3. Yefim Rubinov
    4. Robert B. Pollack
    5. Lance Howard Meyer
    5 lawyer answers

    Based upon what you state, it is important that you commence a petition in Family Court for paternity. Although you do not state how long this order has been in place, I am assuming for the purpose of this response, a short time. You need to know that there is a legal constrcut known as "estoppel"... if you let the matter continue too long without challenging paternity, the order may not be vacated. Since your descripton was not factually dense, I am also advising that you seek counsel....

    3 lawyers agreed with this answer

  10. Res Judicata and divorce

    Answered about 3 years ago.

    1. Mary Katherine Brown
    2. Robert B. Pollack
    3. Adelola Sheralynn Dow
    3 lawyer answers

    I concur with the previous response and would add that you need to consult with an experienced attorney who will explain to you that the allegations on fault are generally meaningless... sorry! it is just so much fun to be able to see the alleged wrongdoings of your spouse spelled out on paper, right? Unless the allegations can be seen as having some impact on the custody and visitation issues in the case, or unless the other party's actions were "egregious", "shocking the consience of the...

    3 lawyers agreed with this answer

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