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

Asked almost 2 years ago - 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)

  1. Scott Evan Gross

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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.... more
  2. Howard E. Knispel

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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... more
  3. Howard A. Schwartz

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  4. Daniel Seth Williams

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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... more

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