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Brian Daniel Perskin

Brian Perskin’s Answers

1,315 total


  • Can I file for a divorce in NY if my husband changes his legal address to our Florida house and files before me?

    Brian’s Answer

    Whether or not your husband can file for a divorce in Florida depends on his residency status. You should file divorce in NY before he has the option to file in Florida, if you want the case to be heard here.

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  • Can my daughter put in custody for the kids but the ex boyfriend put one

    Brian’s Answer

    Yes, your daughter can go to Family Court and file a Petition for Custody. She should probably work with a lawyer.

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  • Do county clerks verify information on marriage license is true and correct.

    Brian’s Answer

    Do you mean to ask if the County Clerk can certify a Judgment of Divorce? If so, then yes. Just go to the County Clerk's office, and purchase a Certified copy of the JOD from your divorce case.

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  • Want to divorce with two kids ?

    Brian’s Answer

    Your husband's addiction problems will play a major role in your divorce, especially when it comes to custody of your two children. You will very likely be awarded child support and maintenance since he is the monied spouse, however, the amount depends on different factors.

    I strongly advise you to meet with a Buffalo area family law attorney, and go over the details of your pending case.

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  • Can I file a divorce without needing representation ?

    Brian’s Answer

    You can file for divorce without an attorney, but I wouldn't recommend it since this does not appear to be an uncontested case. I strongly suggest you search for a lawyer- many offer free consultations.

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  • I got married in Trinidad 2009and divorce was filled shortly after but apparently the divorce never went thru. ?

    Brian’s Answer

    Assuming you meet the residency requirements in NY, you need to file for an annulment or divorce here.

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  • Is a restraining order a legal separation?

    Brian’s Answer

    Restraining orders and legal separations are not the same thing. You really should consult with an experienced divorce attorney in White Plains, so they can walk you through the difference, and provide any representation necessary.

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  • What does it mean when you have primary physical custody of a child? The father is supposed to have the child on the weekends.

    Brian’s Answer

    Your daughter lives with you a majority of the time, and spends weekends with her dad. I strongly suggest you hire a lawyer going forward, especially if you're requesting child support. You can request that the family court provide you with an attorney.

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  • Can I be separated and get a domestic partnership?

    Brian’s Answer

    You can not file for a domestic partnership if you are still married to someone else.

    Reach out to a local Albany attorney, and discuss a Divorce by Publication.

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  • A friend needs to know if he gets married in Jamaica if he can get divorce in Brooklyn N.Y? The wife is not contesting this move

    Brian’s Answer

    As long as he meets NYS residency requirements, he can file in Brooklyn. It does not matter where he was married.

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