Archived
In a divorce, is there usually negotiation regarding the pension of one spouse or does it automatically go to the other.
David's answer
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Answered on October 25, 2013
Divorce after 5 years are usually pretty final. He can try to reopen the divorce by arguing that he was under the influence of narcotics when he...
Archived
What is the prevailing thinking on post nups in New York? Successful, waste of time, unenforceable??? Thanks.
David's answer
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Answered on October 25, 2013
Such agreements are enforceable. You need to have an attorney in order to do this.
Archived
Will my ex go to jail for non-payment of child support ?
David's answer
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Answered on October 25, 2013
If the judge finds him in willful contempt, meaning that he can pay but chooses not to, then yes, he can be sentenced to jail.
Archived
Can the mother of my son change his last name to her new married name without my consent?
David's answer
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Answered on October 24, 2013
No she cannot.
Archived
My stepfather had a verbal struggle with me and pushed me to move out of the house.
David's answer
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Answered on October 24, 2013
If you are concerned for your safety then I suggest that you speak with one of the attorneys here on Avvo regarding filing a Family Offense...
Archived
In a contested divorce with a child's visitation in question can I request a jury trial?
David's answer
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Answered on October 24, 2013
Jury trials are not permitted when having to decide issues of custody and visitation.
You should speak with your attorney regarding this matter.
Archived
Custody? Joint Custody? Filed pet for Custody/concede custody to her if joint custody and parent time. Have lawyer - need 2nd op
David's answer
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Answered on October 23, 2013
If you can prove the allegations that you describe then you have a good case for custody. Follow the advice of your attorney.
Archived
How is the unwritten handled in custody order? Who has final say in disagreement? I'm primary caretaker mom sees him ~22 hr/wk
David's answer
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Answered on October 23, 2013
The allegations that you describe are the bane of most attorney's existence because they are very hard to prove. While any judge would frown upon...
Archived
If were together but not having sex can my boyfriend get in trouble ?
David's answer
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Answered on October 22, 2013
So long as you refrain from having any kind of sexual contact no one will be arrested.
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Archived
My husband abanden me 6yrs ago i don't know where he is and i would like to get a free divorce
David's answer
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Answered on October 22, 2013
It sounds like you need a divorce by publication, however, the attorneys here on Avvo all charge for their services. Contact legal aid or some...
