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Mary Katherine Brown

Mary Katherine Brown’s Answers

9,788 total


  • Who is responsible for the mortgage ?

    Mary Katherine’s Answer

    No, you are not responsible unless you signed up to be so, meaning you signed something saying you will be responsible. That said, if you are your husband's beneficiary either by Will or as the "surviving spouse" at the time of his death, you may "inherit" 50% of the house. If that inheritance comes with debt you don't want, you can waive the inheritance. Perhaps it would be a good idea for you and/or your husband to speak directly with an attorney who can analyze the situation for your with specificity and advise you accordingly. Good luck!

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  • My lawyer likes to process everything very slowly. My soon to be ex and I came to a financial agreement and should be able to ex

    Mary Katherine’s Answer

    Taking advice from the "other side" is usually a bad idea. So, no, on that basis alone, it probably isn't a good idea to fire your attorney. It is a good idea to tell your attorney what has been suggested and ask why it is taking so long. There may be a very good reason! That said, if you are not satisfied with the answer, then you should find another attorney to finish the divorce for you, but it isn't a good idea to just go it alone, even if you are pretty sure you have worked everything out. Good luck!

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  • LLC owns real estate - divorce proof??

    Mary Katherine’s Answer

    If the LLC was acquired or formed during the marriage and there is not prenuptial agreement saying otherwise, then yes. If this is more than a hypothetical question, I suggest you get in touch with a NY Divorce attorney asap to discuss. Good luck!

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  • How do I file for sole custody of my boys?

    Mary Katherine’s Answer

    If you already have an agreement or order regarding custody, getting it changed from joint to sole custody may be difficult (but not impossible). If there is no order yet, you need not consent to joint custody. I suggest you reach out to a Brooklyn Family Law attorney asap so you can discuss your situation in confidential detail and be advised accordingly. Good luck!

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  • Will I lose consideration for joint physical and legal custody?

    Mary Katherine’s Answer

    If you and the father can agree upon joint physical and legal custody, most judges will order it, but if you cannot agree it is extremely unlikely a judge would order this after a trial. That is because the ability to make "joint decisions" is the foundation for joint legal custody, and if the parties require a trial to determine who will make decisions, then it follows that the parties will not be able to make other decisions together and thus, "joint legal custody" will not work.

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  • How do I find information on a current ACS case?

    Mary Katherine’s Answer

    It is possible the O-Docket and the NN-Docket cases have the same File # and if so, you can look up the File # and you'll find both cases. That said, it is probably a good idea for you to contact a NY Family Law attorney for advice on how to proceed to be sure you don't inadvertently do anything now that needs to be undone later (as that will add to the cost of your case). If your only concern is what to write about the case involving ACS, it's ok if you don't have the details, just write what you know. Good luck!

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  • What it means? and How long more time for judge to grant divorce?

    Mary Katherine’s Answer

    It means your divorce papers were sent to a JHO for review and if approved, they were signed on or close to March 2, 2021.

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  • How do I get custody of unborn child before child protection takes baby ?

    Mary Katherine’s Answer

    What you should do specifically, depends upon whether you are looking to be a temporary resource or an adoptive parent. I suggest you get in touch with a NY Family law attorney asap to discuss your goals and the goals of the mother and then work out a plan. Depending upon your plan, some of the things you may need to do will take time, so I strongly recommend you get on this right away. Good luck!

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  • We were married in Davie Florida, we now are both new york residents as of 2021. is it best to file our divorce in NYC? cost?

    Mary Katherine’s Answer

    As the other NY Divorce attorneys have mentioned, there are a lot of details to consider regarding residency, but it sounds like NY is the place you should plan on divorcing. I suggest you get in touch with an attorney directly to discuss how/when you meet the residency requirements and what you can/should do now to prepare for your divorce. Careful planning in most instances will help reduce the costs and headache. Good luck!

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  • Can I move in with my dad (who does not have custody of me) If my mom kicks me out?

    Mary Katherine’s Answer

    If your mom "kicks you out" then you absolutely should go to your father. Your father should then contact a NY Family Law attorney for specific advice about what papers to file in which court and when. Unless there are extreme circumstances you have not mentioned, you will be able to stay with your father. No need for friends to adopt--it's very kind of them to offer, but it would not be possible until you are at least 18 and by then you wouldn't need them to try. Good luck!

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