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My husband just called me to inform that he has filed a no fault divorce in NY. There is a pre-nuptial agreement that i want to

East Meadow, NY |

enforce before the divorce can be finalized. Can anyone please tell me urgently and accurately what the whole process is and what are my rights here in this kid of divorce? I am in dire need of accurate legal advice. Also there was an order of protection filed a year ago for abuse. Can the same case be reopened or a new order of protection be requested from court?

Attorney Answers 4

Posted

If neither side contests the validity of the pre-nup then the case will be very easy and move quickly. However. If on party is contesting the validity of the agreement you will run into problems. Regardless, you will need an attorney.

Scott Gross
666 Old country road
Garden city
516-662-7995

This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established. The Law Offices of Scott Gross, PC 631-456-2326 Scottgrosslaw.com

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Posted

A party can not file for an uncontested divorce without the other side agreeing. However if you have a pre-nup likely it will be part of the divorce and incorporated into it. You should have an attorney review everything.
Howard E. Knispel, P.C.
Commack, NY
631-864-7589

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent, I always advise to never believe until you see, but with that, be cautious and proactive.

Posted

I can not speak for New York law, but many years ago during a highly publicized investigation, a news magazine had a picture of the lead investigator on the cover with the caption "Put Up or Shut Up!" What I mean by this references is that it is one thing for your husband to say something, its another to see the actual papers and have them reviewed by an attorney as to what they mean and given your prenuptial agreement, what your options are. Moral of the story, don't take his word to mean much, get an attorney and do not let him needle you.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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Paul Karl Siepmann

Paul Karl Siepmann

Posted

Attorney Williams gives good advice. Allow me as a NY attorney to ad that while your urgency is understandable, there is no risk of the divorce going through without you having a say in the matter. In NY, personal service upon the defendant of a Summons with Notice or Summons and Verified Complaint is required in a matrimonial action. When you are served, you will have at least 20 days to answer so as to avoid a default. Start looking around for a divorce attorney now.

Posted

As has already been stayed the pre-nip will certainly be considered as part of the divorce settlement. You should answer the complaint at this point to be recognized and be part of the process. If grounds are available an order if protection can be extended or replaced upon a showing to the court. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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