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Adam J. Peretz

Adam Peretz’s Answers

23 total


  • Girlfriend has no guest of opposite sex in divorce papers.... Does that mean we can't live together?

    Adam’s Answer

    Presuming that those are all the facts, yes, that means you can't live together, however, it would be better to have more facts and see the agreement.

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  • If during our marriage, my husband refinanced a home he owned prior to our marriage, is that money part of the marital assets?

    Adam’s Answer

    • Selected as best answer

    The home your husband owned prior to the marriage is presumptively his separate property. However, the improvements made to the home during the marriage may have enhanced the value of the home.
    You have to ask yourself several questions:
    Did you financially contribute to the improvements?
    Did you contribute to the improvements in some non-monetary way?
    Did the improvements increase the value of the home?

    You also refinanced the home during the marriage. Did any of the funds go to the improvements? Were / are you an obligor on the refinanced loan? Were / are you on the deed?
    The answers to the questions pertaining to the value of the improvements - is the asset his separate property or is there a marital portion, will also help to answer if the loss is his separately or also marital - a liability of the marriage.
    This is a nuanced and fact sensitive area.
    Good luck
    Adam Peretz

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  • Hello a real difficult situation I put myself in . 5 years ago I signed a seperation agreement that a mediator wrote up stating

    Adam’s Answer

    Mediating a divorce matter requires that BOTH parties are invested in the mediation process and participate in the mediation.
    If you were not involved in the mediation process, your husband found the mediator without your consultation, and you just received an agreement and signed it without explanation and the opportunity for an independent attorney to review the settlement agreement, you may be able to overturn the agreement.

    You should consult with an experience divorce attorney (preferably one with mediation experience) and have him/her review the agreement and explain to the lawyer more facts surrounding the agreement.
    Good luck.
    Adam Peretz

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  • How can I get a legal separation or divorce from my wife who has alzheimer?

    Adam’s Answer

    If your wife's condition renders her "incompetent" to make legal decisions (this would have to be established through medical examination and then a legal declaration by the court), which seems to be the case by your description of her cognitive state, then she needs a legal guardian appointed to to basically stand in her shoes in the legal process.

    Once she has a legal guardian, the separation and/or divorce process is basically the same.
    Good luck
    Adam Peretz

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  • Is it mandatory to be separated for a year before you can file for divorce?

    Adam’s Answer

    No.
    In New York, there are several reasons ("grounds") for a court to grant a divorce. Living separate and apart is but one ground.

    Other grounds include adultery (to which parties virtually never consent); cruel and inhuman treatment (also seldom consented to); constructive abandonment - no marital relations for over a year before the divorce action (summons) is filed (parties do frequently settle a divorce on this ground if applicable); abandonment (when one party leaves the other with no intention to return for over a year).

    You have to look at the circumstances of your marriage to determine which ground is appropriate.
    Good luck
    Adam Peretz

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  • Can a 16 year old who lives with their father decide not to go stay with her mom the whole summer?

    Adam’s Answer

    When you say you live with your father, do you mean your father has residential custody?
    Were your parents previously married?

    If the answers are yes, and you have changed your perspective on vacation time with your mother, then your father would have to make a written request (a motion or a petition) to the court which granted the divorce to change the vacation parenting time.

    If your parents were never married, or if the judgment of divorce allows, your father can go to the Family Court and petition this court to change the vacation parenting time schedule because there has been a "change of circumstances" since your mother's vacation schedule began.

    The bottom line is that in New York, a sixteen year old's preferences about spending time with his/her parents is very important and is given alot of consideration by the court.
    And remember, if you want to change the vacation arrangement, you have to ask your father to make the written request to the court.
    Good luck
    Adam Peretz

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  • I want to leave the marital home with my children Iam not seperated or divorced, can i do this

    Adam’s Answer

    Yes you can do this. Without a court order to the contrary, both parents in a marriage have custody of the children.
    However, if there is no significant risk of physical and/or emotional harm to you or the children you should not leave the home. If your husband is going to seek custody or challenge your rights to make this process difficult for you, he could seek and could get a court order directing you to return the children to the home.

    Questions you should ask yourself - Do I want to separate or divorce? Am I or my children at risk staying with my husband?

    If the answers are yes, then you could initiate a court proceeding for divorce and ask the court to remove your husband from the home.

    This is a complicated and often very contentious legal process and you should consult with an experienced lawyer in the field.
    Good luck

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  • What are the conditions under equitable estoppel?

    Adam’s Answer

    • Selected as best answer

    I presume you did not adopt your ex-husband's child?
    I also presume there was no order directing that you have a child support obligation under your divorce?
    Have made any voluntary support payments and/or provided other money for your ex-husband's son?

    You can use the six years which have elapsed to show "laches" - an extended delay by your ex - to argue that his petition should be dismissed.

    Also, how long ago did your ex remarry? This could also be used against him - he remarries, his new wife says Why don't we get your ex-wife to pay support?

    Has the son ever reached out to you for a visit / have you ever reached out to him?

    Good luck

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  • Can I get child support through family court? My husband has refused to sign separation papers.

    Adam’s Answer

    As long as there is no other case already pending - a divorce action - absolutely.

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  • How can I get a divorce from my husband in Vietnam if he refuses to give me one?

    Adam’s Answer

    You do not have to go to Vietnam to get a divorce and I do not believe you need the marriage certificate.

    To get a divorce in New York the court must have "jurisdiction" - meaning the court must have a reason that connects you to New York to grant a divorce. You also need a reason for divorce - "grounds" for divorce in New York.

    You will need to file a summons for divorce in New York and serve your husband in Vietnam. There are laws pertaining to service in foreign nations and the laws that apply.
    Good luck
    Adam Peretz

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