Skip to main content
Marco Caviglia

Marco Caviglia’s Answers

4,448 total


  • Responding to a verified complaint action for divorce

    How do I reply if both myself and ACS have her in Brooklyn Family Court, myself for custody and support modification, and ACS for negligence? Another question-if I decide to file a counterclaim, do I have to have it notarized? Do I need to get a...

    Marco’s Answer

    You should consult a local attorney, as trying to prosecute a case based on this website will turn into a real problem for you and is not the purpose of the question/answer forum.

    See question 
  • Delivering a divorce counterclaim

    Do I need to use a process server, or can I just send it to my wife's lawyer using priority or express mail?

    Marco’s Answer

    Once an attorney has appeared, all service is upon that attorney barring some other statutory requirement.

    See question 
  • If I move out of marital home then file for divorce, how will it affect my rights to receive temporary spousal support?

    Married 11 years and my husband has become very emotionally unstable and verbally abusive. I want a divorce but he gets very angry every time I mention it. His temperament scares me and I want to move out. No children. Husband makes $300K+ and I m...

    Marco’s Answer

    It depends. But I don't think an attorney is going to agree or contradict what your retained attorney recommends, as that person is most aware of the practice of your local supreme court justices who may be assigned to the case.

    See question 
  • Can a supreme court judge in a divorce action start a trial without Trial Note of Issue filed and in the middle of discovery?

    2 month into the trial suddenly the Judge realized that there was no Trial Note of Issue so he told the plaintiff' lawyer to file TNOI. We where in the middle of a trial and discovery wasn't finished. Yet during the trial discovery was still happe...

    Marco’s Answer

    There may be grounds for a mistrial.

    See question 
  • If i file for divorce in new york and move to north carolina what will happen

    i want to file for divorce in new york and move to north carolina what is the outcome

    Marco’s Answer

    I agree with Mr. Berskin. You may be assigned a judge willing to waive your appearances or let you appear by telephone for non-critical appearances.

    See question 
  • Need to file charges against lawyer who should have recluses self from my divorce case

    Judge used to be county attorny and worked for my Dad who was a county official. Also had a case involving my son last year. Should never had heard case

    Marco’s Answer

    Insufficient data to determine if there is an issue or not.

    See question 
  • Does nys supreme court divorce (5/2009)take precedent over family court papers(3/2009) that were enforced before the divorce?

    Daughter's mother trying to use papers from 3/2009 family court against me even though we've had the divorce and multiple stipulations to the divorce

    Marco’s Answer

    Your facts are too skimpy to give a meaningful answer. Generally, a Supreme Court may amend an pre-existing Family Court order. However, if there are no new and compelling facts on something that was settled and should not be changed arbitrarily for child support or custody/visitation, the Supreme Court might tend to let it stand. Did the stipulations after the family court order(s) modify those? Were they recent, so few or no new facts? These questions should be asked of your attorney so that s/he can guide you.

    See question 
  • Uncontested divorce including travel

    Me and my wife are trying to get an uncontested divorce in the state of Newyork (Queens), both of us are U.S CITIZENS. She has decided to be the plaintiff and me the defendant. She will be submitting the forms this week. i believe it takes about 6...

    Marco’s Answer

    Your question suggests that neither of you has an attorney. The absence may delay your submitting or correcting something that gets rejected by the court. Traveling during this period for "a few months" could possibly affect an corrective action required, as there may be no one "minding the store" while you are gone.

    See question 
  • When a cop runs my conditional license if pulled over, will they see both addresses listed?

    I temporarily moved (to another NY address) but added a second address, keeping my legal one on my license the same. If a cop pulls me over on my way to the new house, will he see that address listed when he runs it? I called the DMV today and had...

    Marco’s Answer

    DMV advises that he address listed on the DMV driver license record as your mailing address is the address that is displayed on the document. Alternate addresses or residence addresses are not displayed on the driver license document. However, that does not mean that it won't be displayed when the officer does a check on the data base, which always shows a lot more information than shows on your driver license.

    See question 
  • After being separated for 4 years do I still have rights to our home and his pension.

    separated for 4 years from a now retired cop. he stated that because of the amount of time separated I no longer have any rights to our home and to be satisfied with whatever amount of money he decides to give me month by monthI. I am NOT educated...

    Marco’s Answer

    It is not clear, but I am assuming you are not legally separated. The marital estate, nor its growth, does not end because one party abandoned the other. So your marital rights are largely still intact. Further, your spouse, if monied and you are not, still has the obligation under the NYS General Obligations Law to support you on all essentials. You may petition to a Family Court for spousal support and/or commence a matrimonial action. You should obtain a consultation with an attorney as soon as practicable.

    See question