Lori Noel Boveeā€™s Answers

Lori Noel Bovee

Albany Family Law Attorney.

Contributor Level 13
  1. Duties of a Law Guardian

    Answered over 1 year ago.

    1. Lori Noel Bovee
    2. Susan Kathleen Duke
    3. Paul Karl Siepmann
    4. Peter Christopher Lomtevas
    4 lawyer answers

    The law guardian's (now called attorney for the children) job is to advocate for the wishes of the children unless he or she finds that the children are not competent enough to have a position (too young) or the children's stated wishes would place them an imminent risk of harm. Just like you and your ex have attorneys to advocate for your position, the children have an attorney to advocate for their position as well.

    9 lawyers agreed with this answer

  2. If 2 women have married to the same man & can show proof of marriage certif & he suddenly dies without a will who gets the

    Answered almost 2 years ago.

    1. Maria C. Tebano
    2. Lori Noel Bovee
    3. Yefim Rubinov
    4. Eric Edward Rothstein
    5. Bruce Howard Guttman
    6. ···
    6 lawyer answers

    I completely agree with Ms. Tebano's take on it. Unfortunately for the second wife, the marriage is void and she has no claim to the husband's estate or social security benefits.

    9 lawyers agreed with this answer

  3. How can I have sole custody of my 2 year old son ? And file for child support.

    Answered almost 2 years ago.

    1. Howard A. Schwartz
    2. Lori Noel Bovee
    3. Maria C. Tebano
    4. Yefim Rubinov
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    If the father signed an acknowledgment of paternity or you were married at the time, you can simply file for child support. If not, you should file a paternity proceeding to have him adjudged the father and request child support. If there is no prior custody order, you have in effect sole custody so there is no need to file unless he tries to enforce parenting rights. Before doing anything, it would be wise to consult with a local attorney to go over your options.

    9 lawyers agreed with this answer

  4. Trial

    Answered almost 2 years ago.

    1. Lori Noel Bovee
    2. Howard A. Schwartz
    3. Penelope J Blizzard-McGrath
    4. Maria C. Tebano
    5. Karen Svendsen
    5 lawyer answers

    He wouldnt which means one of two things: 1) the fact that his client will lose is not as sure as you think or 2) he doesnt have control over his client (meaning the client is going against his advice to settle). Settlement is the clients decision, not the attorney.

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  5. Pendente Lite Relief

    Answered almost 2 years ago.

    1. Lori Noel Bovee
    2. David Alexander Browde
    3. Eric Edward Rothstein
    4. Douglas Shaun Kepanis
    4 lawyer answers

    Sounds you may have a copy of a proposed Order. If you placed your agreement on the record in court then you don't have to sign an agreement. But these questions are better answered by your attorney who is familiar with your case.

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  6. Do I need a prenup?

    Answered over 1 year ago.

    1. Lori Noel Bovee
    2. Alexander Joseph Segal
    3. Rachel S. Silberstein
    4. Paul Karl Siepmann
    5. Edwin Drantivy
    6. ···
    6 lawyer answers

    Without a prenuptial agreement, assets earned during the marriage are marital even if they are only in the name of one spouse. For instance, you open a bank account in your name alone and deposit your earnings from your employment during their marriage. That account would still be marital property subject to distribution upon a divorce. You can certainly have a prenup done that provides all property will be separate except for that which is jointly titled and which waives spousal support....

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  7. Do i have jurisdiction and venue?

    Answered over 1 year ago.

    1. Lori Noel Bovee
    2. Howard E. Knispel
    3. David P. Badanes
    3 lawyer answers

    Jurisdiction is state wide. If your daughter moved out of state, NY would still have jurisdiction until your grandson has lived there for six months. So you should file now. As far as venue goes, generally speaking venue is more proper in the county where the child resides, as that county is more likely to have the witnesses. However, if most of the witnesses live in the county where you live, you could make a cogent argument that venue is more proper where you live. Either way, you should...

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  8. Wife is suggesting a DIY Divorce via one of the online services such as completecase.com.

    Answered over 1 year ago.

    1. Peter Christopher Lomtevas
    2. Jayson Lutzky
    3. Eric Edward Rothstein
    4. Lori Noel Bovee
    5. Paul Karl Siepmann
    6. ···
    8 lawyer answers

    A good idea is to try mediation but each have an attorney to advise you before each session. For instance, session number one with the mediators is about custody. Before your session, meet with your attorney to advise on that issue and so on and so forth. Much cheaper than litigation and you have the benefit of counsel to guide you. I often recommend it to clients. However, I would have one of your attorneys draft up the documents and the other attorney review them.

    7 lawyers agreed with this answer

  9. If my wife and I both want a divorce can we just sign the papers and mail them in for free?

    Answered over 1 year ago.

    1. Jeffrey B. Peltz
    2. Lori Noel Bovee
    3. Daniel Yaniv
    4. Jill Marie Zuccardy
    5. Morghan L Richardson
    6. ···
    6 lawyer answers

    You will still need to pay the filing fees. You could go down to the county clerk and ask for the uncontested divorce packet, however I recommend consulting with a divorce attorney first since as counsel noted, you are the presumptive father and you need to make sure that she cannot come after you for child support.

    7 lawyers agreed with this answer

  10. Must initial service of divorce papers be done in person or can it be done via mail?

    Answered over 1 year ago.

    1. Jeffrey B. Peltz
    2. Susan Kathleen Duke
    3. Lori Noel Bovee
    4. Byron A. Divins Jr.
    5. David Ivan Bliven
    5 lawyer answers

    The Summons w/ Notice or complaint must be personally served without court permission granting personal service.

    7 lawyers agreed with this answer